Skip to main content

Full text of "Racial isolation in the public schools; a report"

See other formats


RACIAL  ISOLATION 

in  the  Publi( 


oois 


CRI 


"^'-    Thurgood  Marshall  Law  Library 
The  University  of  Maryland  School  of  Law 


-  \4 


A  Report  of  the  United  States  Commission  on  Civil  Rishts  •  1967 


U.S.  COMMISSION  ON  CIVIL  RIGHTS 

The  U.S.  Commission  on  Civil  Rights  is  a  temporary,  independent,  bi- 
partisan agency  established  by  Congress  in  1957  and  directed  to: 

•  Investigate  complaints  alleging  that  citizens  are  being  deprived  of  their 
right  to  vote  by  reason  of  their  race,  color,  religion,  or  national  origin, 
or  by  reason  of  fraudulent  practices; 

•  Study  and  collect  information  concerning  legal  developments  con- 
stituting a  denial  of  equal  protection  of  the  laws  under  the  Constitution; 

•  Appraise  Federal  laws  and  policies  with  respect  to  equal  protection  of 
the  laws; 

•  Serve  as  a  national  clearinghouse  for  information  in  respect  to  denials 
of  equal  protection  of  the  laws;  and 

•  Submit  reports,  findings,  and  recommendations  to  the  President  and 
the  Congress. 


Members  of  the  Commission 

John  A.  Hannah,  Chairman 

Eugene  Patterson,  Vice  Chairman 

Frankie  M.  Freeman 

Erwin  N.  Griswold 

Rev,  Theodore  M.  Hesburgh,  C.S.C. 

Robert  S.  Rankin 

William  L.  Taylor,  Staff  Director 


CR  1.2:Sch6/12/v.l 


Racial  Isolation 

in  the 
Public  Schools 


Volume  1 


A  Report  of  the 
U.S.  Commission  on  Civil  Rights 


For  sale  by  the  Superintendent  of  Documents,  U.S.  Government  Printing  Office 
Washington,  D.C.  20402  -  Price  $1.00  (paper  cover) 


ACKNOWLEDGMENTS 

The  Commission  expresses  its  sincere  appreciation  for  the  counsel 
and  assistance  of  the  men  and  women  distinguished  in  the  fields  of  edu- 
cation, social  science,  law,  and  race  relations  who  were  helpful  in  the 
preparation  of  this  report.  The  Commission  also  is  grateful  for  the 
cooperation  of  officials  and  agencies  of  the  Federal  Government. 

In  particular,  the  Commission  is  indebted  to  the  Staff  Director,  the 
Chief  Consultant  of  the  Race  and  Education  Study,  and  the  diligent 
staff  of  the  agency : 

William  L.  Taylor,  Staff  Director 

M.  Carl  Holman,  Deputy  Staff  Director 

David  K.  Cohen,  Director,  Race  and  Education  Study 

Thomas  F.  Pettigrew,  Chief  Consultant,  Race  and  Education  Study 

Martin  E.  Sloane,  Special  Assistant  to  the  Staff  Director 

Howard  A.  Glickstein,  General  Counsel 

David  Rubin,  Deputy  General  Counsel 

A  special  debt  of  gratitude  is  owed  members  of  the  Advisory  Commit- 
tee for  the  Race  and  Education  Study  and  those  members  of  the  Com- 
mission's various  State  Advisory  Committees  who  gave  valuable  assist- 
ance to  the  project.  A  list  of  consultants  and  staff  members  assigned 
to  the  Race  and  Education  Study  and  others  who  worked  on  various 
phases  of  this  report  appears  at  the  end  of  this  volume. 


Library 
U.   S.   Documents  Collection 


LETTER  OF  TRAl 

The  United  States  Commission  on  Civil  Rights, 

Washington,  D.C.,  February  9, 1967. 

The  President  of  the  United  States  : 

The  Commission  on  Civil  Rights  presents  to  you  its  report  on  racial 
isolation  in  the  public  schools,  a  report  prepared  pursuant  to  your  request 
of  November  17,  1965,  asking  the  Commission  to  gather  the  relevant  facts 
and  make  them  available  to  the  Nation. 

The  Commission's  study  substantiates  your  belief  that  racial  isolation  in 
the  schools  serves  as  a  deterrent  to  the  full  development  of  the  country's 
human  resources.  It  presents  evidence  of  the  harmful  effects  of  such 
isolation  on  young  people  and  on  our  society. 

We  hope  our  findings  and  recommendations  will,  as  you  suggested, 
pro\'ide  the  Nation  with  information  that  will  serve  as  a  basis  for  remedial 
action  by  local  school  authorities,  the  States,  and  the  Federal  Govern- 
ment— action  to  assure  quality  education  for  all  American  children. 
Respectfully  yours, 

John  A.  Hannah,  Chairman. 

Eugene  Patterson,  Vice  Chairman. 

Frankie  M.  Freeman. 

Erwin  N.  Griswold. 

Rev.  Theodore  M.  Hesburgh,  C.S.C. 

Robert  S.  Rankin. 


HI 


The  White  House, 
Washington,  November  17,  1965. 

Dear  Mr.  Chairman: 

The  future  of  our  Nation  rests  on  the  quality  of  the  education  its  young 
people  receive.  And  for  our  Negro  children  quality  education  is  especially 
vital  because  it  is  the  key  to  equality. 

In  the  past  decade  this  Nation  has  moved  with  increasing  speed  toward 
the  elimination  of  discrimination  and  segregation  in  education,  and  in 
housing,  employment,  voting,  and  access  to  public  facilities  and  accom- 
modations. However,  long  after  we  have  done  all  we  can  to  eliminate 
past  inequities,  we  will  continue  to  pay  their  costs  in  stunted  lives.  Because 
millions  of  Negroes  were  deprived  of  quality  education  and  training  in  basic 
skills,  because  they  were  given  to  believe  that  they  could  aspire  only  to  the 
most  menial  and  insecure  places  in  our  society,  they  are  seriously  handi- 
capped in  taking  advantage  of  opportunities  afforded  by  new  laws,  new 
attitudes  and  an  expanding  economy.  We  can  no  longer  tolerate  such 
waste  of  human  resources. 

Although  we  have  made  substantial  progress  in  ending  formal  segregation 
of  schools,  racial  isolation  in  the  schools  persists — both  in  the  North  and 
the  South — because  of  housing  patterns,  school  districting,  economic  stratifi- 
cation and  population  movements.  It  has  become  apparent  that  such  isola- 
tion presents  serious  barriers  to  quality  education.  The  problems  are  more 
subtle  and  complex  than  those  presented  by  segregation  imposed  by  law. 
The  remedies  may  be  difficult.  But  as  a  first  and  vital  step,  the  Nation 
needs  to  know  the  facts. 

These  problems  of  race  and  education  fall  within  the  responsibilities 
which  Congress  has  assigned  to  your  Commission,  and  I  request  it  to  gather 
the  facts  and  make  them  available  to  the  Nation  as  rapidly  as  possible.  I 
know  that  the  Commission  will  wish  to  consult  with  Secretary  Gardner  and 
Attorney  General  Katzenbach  to  obtain  the  benefit  of  their  experience,  and 
I  am  sure  they  will  make  the  facilities  of  their  Departments  available  to 
assist  the  Commission. 

I  trust  that  the  task  can  be  completed  expeditiously  and  that  your  findings 
may  provide  a  basis  for  action  not  only  by  the  Federal  Government  but 
also  by  the  States  and  local  school  boards  which  bear  the  direct  responsibility 
for  assuring  quality  education. 
Sincerely, 


Lyndon  B.  Johnson. 
Hon.  John  A.  Hannah, 

Chairman,  U.S.   Commission  071  Civil  Rights, 
Washington,  D.C. 


IV 


Preface 

This  report  on  race  and  education  has  been  prepared  at  the  request 
of  President  Johnson,  who  on  November  17,  1965,  asked  the  U.S.  Com- 
mission on  Civil  Rights  to  gather  the  facts  bearing  on  racial  isolation  in 
the  schools  and  make  them  available  to  the  Nation  as  rapidly  as  possible. 
In  making  this  request,  the  President  outlined  the  scope  and  importance 
of  the  problem  to  which  he  wished  the  Commission  to  address  itself.  In 
a  letter  to  John  A.  Hannah,  Chairman  of  the  Commission,  the  President 
said: 

Although  we  have  made  substantial  progress  in  ending  formal 
segregation  of  schools,  racial  isolation  in  the  schools  persists — both 
in  the  North  and  the  South — because  of  housing  patterns,  school 
districting,  economic  stratification  and  population  movements.  It 
has  become  apparent  that  such  isolation  presents  serious  barriers  to 
quality  education.  The  problems  are  more  subtle  and  complex 
than  those  presented  by  segregation  imposed  by  law.  The  reme- 
dies may  be  difficult.  But  as  a  first  and  vital  step,  the  Nation  needs 
to  know  the  facts. 

In  preparing  this  study  the  Commission  first  defined  the  limits  of  its 
inquiry  and  the  areas  of  particular  emphasis.  In  accordance  with  the 
President's  request,  the  inquiry  has  been  limited  to  school  segregation 
resulting  from  circumstances  other  than  legal  compulsion.  Further, 
priority  attention  has  been  given  to  the  Nation's  cities  and  metropolitan 
areas.  Two-thirds  of  all  Americans — white  and  Negro — live  in  metro- 
politan areas,  and  two-thirds  of  the  Nation's  school  children  are  edu- 
cated in  urban  schools. 

The  Commission's  factfinding  has  involved  four  general  subject  areas : 
( 1 )  The  extent  of  racial  isolation  in  the  public  schools  and  the  extent 
of  the  disparity  in  educational  achievement  between  white  and  Negro 
school  children;  (2)  the  factors  that  contribute  to  intensifying  and 
perpetuating  school  segregation;  (3)  the  relationship  between  racially 
isolated  education  and  the  outcomes  of  that  education,  and  the  impact 
of  racial  isolation  on  the  attitudes  and  interracial  associations  of  Negroes 
and  whites;  and  (4)  the  various  programs  that  have  been  proposed  or 
put  into  operation  for  remedying  educational  disadvantage  and  relieving 
racial  isolation  in  the  schools. 

The  Commission  recognized  that  an  intensive  exploration  of  these  sub- 
ject areas  would  involve  complex  issues,  often  of  a  highly  technical  nature. 
Further,  there  was  need  to  collect  and  analyze  a  large  volume  of  material 
in  a  comparatively  short  period  of  time.     Therefore,  the  Commission 


sought  the  services  of  experienced  individuals  and  organizations  to  assist 
its  staff  in  the  study.  Experts  and  consultants  were  engaged  to  perform 
research  in  specialized  areas.  Papers  were  commissioned  concerning  a 
variety  of  subjects  related  to  the  problems  of  school  segregation.  All 
material  provided  to  the  Commission  from  outside  sources  has  been 
analyzed  by  the  Commission  and  its  staff. 

Conferences  were  held  with  school  administrators  and  teachers  to  ob- 
tain the  views  and  suggestions  of  those  who  have  working  experience  in 
both  segregated  and  desegregated  public  schools.  The  Commission  also 
held  hearings  and  conducted  investigations  in  a  number  of  cities  to  learn 
from  parents,  teachers,  community  leaders,  and  school  officials  how 
American  communities  are  meeting  problems  of  race  and  education. 

Of  particular  assistance  to  the  Commission  has  been  its  Advisory 
Committee  on  Race  and  Education,  consisting  of  the  following  distin- 
guished educators  and  students  of  American  society: 

Dr.  Thomas  F.  Pettigrew   (Chairman),  Associate  Professor  of  Social 

Psychology,  Harvard  University,  Cambridge,  Mass. 
Dr.  Samuel  Brownell,  former  Superintendent  of  Schools,  Detroit,  Mich. 
Dr.  Benjamin  E.  Carmichael,  former  Superintendent  of  Schools,  Chat- 
tanooga, Tenn. 
Dr.  Kenneth  B.  Clark,  Director,  Social  Dynamics  Research  Institute, 

City  College,  New  York,  N.Y. 
Mrs.  Elizabeth  Cole,  Consultant,  U.S.  Office  of  Education,  Washington, 

D.C.* 
Dr.  James  Coleman,  Professor  of  Sociology,  Johns  Hopkins  University, 

Baltimore,  Md. 
Dr.  Rashi  Fein,  Economist,  Brookings  Institution,  Washington,  D.C. 
Dr.  John  H.  Fischer,  President,  Teachers  College,  Columbia  University, 

New  York,  N.Y. 
Dr.  Philip  Hauser,  Director,  Population  Research  and  Training  Center, 

University  of  Chicago,  Chicago,  111. 
Dr.  Vivian  Henderson,  President,  Clark  College,  Atlanta,  Ga. 
Dr.  Peter  Rossi,  Director,  National  Opinion  Research  Center,  University 

of  Chicago,  Chicago,  111. 
Dr.  Judson  Shaplen,  Dean,  Graduate  School  of  Education,  Washington 

University,  St.  Louis,  Mo. 
Dr.  Neil  V.  Sullivan,  Superintendent  of  Schools,  Berkeley,  Calif. 
Mr.  John  Wheeler,  President,  Mechanics  and  Farmers  Bank,  Durham, 

N.C. 
Dr.  Robin  WiHiams,  Professor  of  Sociology,  Cornell  University,  Ithaca, 

N.Y. 

The  Advisory  Committee  was  established  at  the  inception  of  the 
Commission's  inquiry  and  has  provided  continuing  guidance  through- 
out the  study.     The  comments  and  suggestions  of  Committee  members 

*Deceased. 


VI 


have  contributed  substantially  to  the  value  of  the  report.  Responsibility 
for  the  accuracy  of  the  material  contained  in  the  report  and  for  the 
views  expressed  in  it,  however,  rests  with  the  Commission. 

In  each  of  the  four  general  areas  of  inquiry,  the  Commission  has 
sought  to  obtain  detailed  information  on  a  nationwide  basis.  Data  on 
the  racial  composition  of  schools  have  been  obtained  from  school  systems 
representing  more  than  100  communities  throughout  the  country — 
school  systems  of  varying  sizes,  containing  different  proportions  of  Negro 
enrollment,  and  representative  of  every  region.  In  almost  all  cases 
these  data  have  been  provided  by  local  school  officials,  and  the  Com- 
mission is  grateful  for  their  cooperation. 

The  Commission  also  examined  and  evaluated  the  factors  that  con- 
tribute to  the  perpetuation  and  intensification  of  school  segregation. 
Factors  relating  to  population  movement  within  metropolitan  areas  and 
the  impact  of  residential  segregation  were  examined  closely  by  Dr.  Karl 
Taeuber  of  the  University  of  Wisconsin,  who  prepared  special  studies 
for  the  Commission  of  trends  in  the  distribution  of  white  and  nonwhite 
populations  within  representati\e  metropolitan  areas.  Commission  stafT 
explored  the  impact  of  residential  segregation  on  racial  concentrations  in 
schools,  both  in  a  metropolitan  context  and  within  central  cities.  Federal 
housing  policies  and  practices  were  analyzed  to  determine  their  effective- 
ness in  counteracting  residential  segregation,  and  the  impact  of  Federal 
housing  programs  on  racial  concentrations  in  schools  was  investigated  in 
a  number  of  cities. 

Dr.  Charles  Benson,  of  the  University  of  California  at  Berkeley,  work- 
ing in  conjunction  with  the  Dumbarton  Research  Council,  was  engaged 
to  assist  in  analyzing  the  fiscal  disparities  between  city  and  suburban 
school  systems.  The  equalizing  effect  of  State  and  Federal  financial 
assistance  programs  also  was  evaluated. 

School  policies  and  practices  were  examined  in  a  number  of  cities, 
to  determine  their  effect  on  patterns  of  school  segregation.  The  policies 
and  practices  of  15  school  systems  were  investigated  by  Commission  staff. 
Research  teams  directed  by  the  following  persons  conducted  intensive 
studies  of  the  school  systems  of  se\en  of  these  cities  for  the  Commission : 
Boston,  Mass. — Dr.  Marc  A.  Freed,  Research  Professor  and  Director,  In- 
stitute of  Human  Sciences,  Boston  College,  Boston,  Mass. ;  Philadelphia, 
Pa. — Dr.  Howard  Mitchell,  Director,  Human  Resources  Program,  Uni- 
versity of  Pennsylvania,  Philadelphia,  Pa.;  Atlanta,  Ga. — Dr.  Tilman 
Cothran,  Chairman,  Sociology  Department,  Atlanta  University,  Atlanta, 
Ga. ;  St.  Louis,  Mo. — Herbert  Semmel,  Associate  Professor  of  Law,  Col- 
lege of  Law,  University  of  Illinois,  Champaign,  111. ;  Milwaukee,  Wis. — 
Ralph  Showalter,  Executive  Director,  The  Social  Development  Corpora- 
tion, Washington,  D.C.;  Cleveland,  Ohio — Dr.  Willard  Richan,  Asso- 
ciate Professor  of  Social  Work,  School  of  Applied  Social  Sciences,  West- 

vii 


ern  Reserve  University,  Cleveland,  Ohio;  Oakland,  Calif. — Sheila 
Spaulding,  Dumbarton  Research  Council,  Menlo  Park,  Calif. 

In  exploring  the  impact  of  racial  isolation  in  schools  on  achievement 
and  attitudes,  the  Commission  obtained  a  broad  range  of  information 
relating  both  to  school  achievement  and  student  attitudes  and  to  the 
development  of  later  attitudes  and  associations  of  Negro  and  white 
adults.  The  U.S.  Office  of  Education  Survey,  Equality  of  Educa- 
tional Opportunity,  provided  a  basic  fund  of  nationwide  data  on  student 
achievement  and  attitudes.  These  data  were  examined  and  subjected 
to  further  analysis  by  Commission  staff  with  the  assistance  of  experts 
and  consultants.  Special  analysis  of  these  data  was  done  for  the  Com- 
mission by  Dr.  David  Armor  of  Harvard  University.  In  addition,  the 
Commission  engaged  Dr.  Alan  Wilson  of  the  University  of  California 
at  Berkeley  to  collect  similar  information  from  a  single  school  system — 
Richmond,  Calif. — and  to  provide  an  analysis  in  depth  of  the  same 
factors.  The  Commission  broadened  its  inquiry  beyond  school  experi- 
ence by  conducting  surveys  of  recent  high  school  graduates  and  adults. 
The  Dumbarton  Research  Council  of  Menlo  Park,  Calif.,  under  con- 
tract with  the  Commission,  conducted  a  survey  of  the  post-school  attitudes 
and  experiences  of  recent  Negro  and  white  graduates  of  the  Oakland, 
Calif.,  public  schools.  The  National  Opinion  Research  Center  of  the 
University  of  Chicago,  under  a  Commission  contract,  conducted  a 
national  survey  of  Negro  and  white  adults,  relating  school  experiences  to 
later  life  attitudes  and  achievement. 

Many  programs  aimed  at  remedying  educational  disadvantage  and 
eliminating  racial  isolation  in  schools  are  currently  being  carried  on  in 
cities  throughout  the  country.  The  Commission  examined  and  evaluated 
the  effectiveness  of  several  of  these  programs.  Dr.  Marvin  Cline  of 
Howard  University  assisted  the  Commission  staff  in  assessing  data  on 
programs  of  compensatory  education.  A  research  team  directed  by  Dr. 
Robert  Stout  of  the  University  of  California  at  Berkeley  investigated  the 
operation  of  programs  aimed  at  eliminating  school  segregation.  The 
Commission  conducted  hearings  in  two  cities — Rochester,  N.Y.  and  Bos- 
ton, Mass. — where  programs  have  been  initiated  to  foster  school  desegre- 
gation. The  Commission  also  explored  a  number  of  proposals  for  re- 
medial action  not  yet  in  operation,  and  commissioned  special  papers  on 
the  potential  problems  and  advantages  of  innovative  educational  tech- 
niques from  the  following  educators: 

Dr.  Don  Bushnell,  Associate  Director,  Brooks  Foundation,  Santa  Bar- 
bara, Cahf , ;  Dr.  Paul  Davidoff ,  Director,  Urban  Planning  Program, 
Hunter  College  of  the  City  University  of  New  York,  New  York,  N.Y. ; 
Dr.  John  H.  Fischer,  President,  Teachers  College,  Columbia  Univer- 
sity, New  York,  N.Y. ;  Dr.  John  Goodlad,  University  of  California,  Los 
Angeles,  and  Institute  for  Development  of  Educational  Activities,  Los 


Angeles,  Calif.;  Mr.  Francis  J.  Keppel,  Chairman  of  Board  of  Direc- 
tors, General  Learning  Corp.,  New  York,  N.Y.;  Dr.  Dan  C.  Lortie, 
Midwest  Administration  Center,  Department  of  Education,  University 
of  Chicago,  Chicago,  111.;  Dr.  Neil  V.  Sullivan,  Superintendent  of 
Schools,  Berkeley,  Calif.;  and  Dr.  Ralph  W.  Tyler,  Director,  Center  for 
Advanced  Study  in  Behavioral  Sciences,  Palo  Alto,  Calif. 

Also  of  concern  to  the  Commission  is  the  current  and  potential  role 
of  government  and  the  legal  and  constitutional  aspects  of  continued  racial 
isolation  in  the  schools.  The  Commission  surveyed  Federal  and  State 
law  addressed  to  school  desegregation  and  examined  existing  case  law 
bearing  on  the  constitutional  obligation  to  eliminate  school  segregation. 
In  addition,  the  legal  authority  of  the  States  and  of  the  Federal  Govern- 
ment to  deal  with  the  problem  of  racial  isolation  in  the  schools  was 
explored. 

The  Commission  is  aware  that  the  subject  of  this  report  is  of  great 
national  concern  and  controversy.  The  President  said  in  requesting  the 
Commission  to  prepare  this  report : 

The  future  of  our  Nation  rests  on  the  quality  of  the  education 
its  young  people  receive.  And  for  our  Negro  children  quality 
education  is  especially  vital  because  it  is  the  key  to  equality. 

Quality  education  for  all  children  is  an  undisputed  goal  of  American 
public  education.  There  is  sharp  disagreement,  however,  over  whether 
this  goal  can  or  should  be  achieved  within  the  confines  of  racially  isolated 
school  systems.  In  communities  throughout  the  country,  issues  involv- 
ing racial  isolation  in  the  public  schools,  symbolized  by  headlines  on 
"busing"  and  "neighborhood  schools,"  have  been  the  subject  of 
considerable  controversy. 

The  Commission  has  sought  out  the  facts  in  the  hope  of  shedding 
needed  light  on  the  issues.  On  the  basis  of  its  findings,  the  Commission 
has  made  recommendations  which  may  provide  a  basis  for  action  by 
government  at  all  levels;  action  that  it  hopes  will  fulfill  for  all  American 
children — Negro  and  white  alike — the  promise  of  equality  of  educational 
opportunity. 


Contents 


Chapter  1.  Racial  Isolation:  Extent  and  Context  1 

Extent  of  Racial  Isolation  in  the  Public  Schools  2.  Growth  of  Racial 
Isolation  in  the  Schools  8.  Racial  Isolation  and  Population  Trends  11. 
Educational  Disparities  13.    Other  Disparities  14. 

Chapter  2.  Causes  of  Racial  Isolation  17 

Metropolitan  Dimensions  17.  School  District  Organization  17.  The 
Population  Trend  18.  Social  and  Economic  Trends  19.  Housing  20. 
Fiscal  Disparities  25.  Racial  Isolation  and  the  Central  City  31.  Central 
City  Housing  31.  Nonpublic  Schools  38.  Educational  Policies  and 
Practices  39.  The  Development  of  Northern  Attendance  Patterns  40. 
Purposeful  Segregation  42.  School  Construction  44.  Alternatives  to  New 
School  Construction  50.  Exceptions  to  Neighborhood  Attendance  51. 
Southern  and  Border  State  Schools  59.  Geographical  Considerations  60. 
Free  Choice  Provisions  66. 

Chapter  3.  Racial  Isolation  and  the  Outcomes  of  Education  73 

Social  Class  and  the  Outcomes  of  Education  77.  Individual  Social 
Class  77.  The  Social  Class  Composition  of  Schools  81.  School  Social 
Class  and  Performance  84.  The  Question  of  Selection  87.  Social  Class 
and  Racial  Composition  89.  School  Quality  and  Student  Performance  91. 
The  Extent  of  Disparities  in  Qualitv  92.  School  Quality  and  the  Social 
Class  Composition  of  Schools  94.  School  Quality  and  Racial  Compo- 
sition 96.  Racial  Composition  and  Student  Performance  100.  Selection  100. 
The  Racially  Isolated  School  103.  Cumulative  Effects  106.  The  Perpetua- 
tion of  Racial  Isolation   109.     Attitudes  110.     Associations  112. 

Chapter  4.  Remedy  115 

Compensatory  Programs  in  Isolated  Schools  115.  Effects  of  Compen- 
satory Education  in  Majority-Negro  Schools  120.  Comparative  EflFects 
of  Compensatory  Programs  and  Desegregation  128.  School  Desegregation: 
Extent  and  Techniques  140.  Small  Cities  and  Suburbs  141.  Larger 
Cities  146.  Metropolitan  Desegregation  151.  Factors  in  Successful  School 
Desegregation  154.  Plans  and  Proposals  163.  Supplementary  Centers 
and  Magnet  Schools  164.    Education  Complexes  166.    Education  Parks  167. 

Chapter  5.  Racial  Isolation:  The  Role  of  Law  185 

The  Constitutional  Duty  of  a  State  to  Eliminate  Racial  Isolation  in  the 
Public  Schools — The  Judicial  Decisions  185.    Actions  by  States  to  Eliminate 
Racial  Isolation  186.     The  Congressional  Response  187.     The  Need  for 
Congressional  Remedy  187.     The  Power  of  Congress  to  Enact  Legislation 
Eliminating  Racial  Isolation  in  the  Schools  188. 
Conclusion  193. 
Findings  199. 
Recommendations  209. 

Supplementary  Statement  by  Commissioner  Freeman  213. 
Supplementary  Statement  by  Commissioner  Hesburgh  215. 
Legal  Appendix  219. 

xi 


Chapter  1 

Racial  Isolation:  Extent  and 
Context 

Education  long  has  been  recognized  as  one  of  the  important  ways  in 
which  the  promise  of  America — equality  of  opportunity — can  be  ful- 
filled. The  public  schools  traditionally  have  provided  a  means  by  which 
those  newly  arrived  in  the  cities — the  immigrant,  and  the  impoverished — 
have  been  able  to  join  the  American  mainstream.  The  hope  for  public 
education  always  has  been  that  it  would  be  a  means  of  assuring  equal 
opportunity  and  of  strengthening  and  unifying  American  society.^ 

During  the  early  years  of  the  Republic,  Thomas  JefTerson  said  of 
education's  role : 

The  object  is  to  bring  into  action  that  mass  of  talents  which  lies 
buried  in  poverty  in  every  county  for  want  of  means  of  develop- 
ment, and  thus  give  activity  to  a  mass  of  mind,  which  in  proportion 
to  our  population,  shall  be  the  double  or  treble  of  what  it  is  in 
most  countries. - 

In  the  middle  of  the  19th  century,  Horace  Mann  defined  education  as 
the  "great  equalizer  of  the  conditions  of  men — the  balance  wheel  of  the 
social  machinery."  '  Today,  the  role  of  education  in  the  attain- 
ment of  equal  opportunity  is  even  more  critical.  The  U.S.  Supreme 
Court,  in  its  1954  decision  on  school  desegregation,  said  of  education: 

Today  it  is  a  principal  instrument  in  awakening  the  child  to  cul- 
tural values,  in  preparing  him  for  later  professional  training,  and 
in  helping  him  to  adjust  normally  to  his  environment.  In  these 
days,  it  is  doubtful  that  any  child  may  reasonably  be  expected  to 
succeed  in  life  if  he  is  denied  the  opportunity  of  an  education.^ 

^  As  a  recent  report  on  education  put  it:  "Americans  have  typically  thought  of 
education  as  a  healer  of  great  social  divisions.  When  the  need  arose  to  make  one 
nation  out  of  many  communities  of  foreign  origin,  the  people  turned  to  the  public 
schools,  and  their  faith  was  justified."  Educational  Policies  Commission  of  the  Na- 
tional Education  Association  and  the  American  Association  of  School  Administrators, 
American  Education  and  the  Search  for  Equal  Opportunity  4  (1965). 

'^  "Letter  from  Thomas  Jefferson  to  Mr.  Correa,  Nov.  25,  1817,"  in  7  The  Writings 
Of  Thomas  Jefferson  94-95  (Washington  ed.  1854). 

'^  "Twelfth  Annual  Report  of  Horace  Mann  as  secretary  of  the  Massachusetts  State 
Board  of  Education  (1848),"  in  Documents  in  American  History  318  (Commager 
cd.    1958). 

'  Brown  v.  Board  of  Education  of  Topeka,  347  U.S.  483,  493  (1954). 

1 


The  Brown  case — the  culmination  of  a  number  of  Supreme  Court  de- 
cisions concerned  with  the  meaning  of  equahty  in  public  education  ' — 
held  that  governmentally  enforced  school  segregation  violated  the  14th 
amendment.  "Separate  educational  facilities,"  the  Supreme  Court  said, 
"are  inherently  unequal."  '' 

Although  the  immediate  impact  of  the  Court's  ruling  was  upon  the 
Southern  and  border  States  that  compelled  or  authorized  segregation  in 
the  public  schools,  the  decision  spurred  concern  about  the  extent  of  school 
segregation  throughout  the  Nation  and  the  benefits  being  derived  by 
Negro  children  from  the  educational  process.  This  chapter  is  addressed 
to  some  of  the  basic  facts  which  underlie  this  concern. 


Extent  of  Racial  Isolation 
in  the  Public  Schools 

Twelve  years  after  the  Supreme  Court's  decision,  the  U.S.  Office  of 
Education  in  its  national  survey.  Equality  of  Educational  Opportunity, 
found  that : 

.  .  .  when  measured  by  that  yardstick  [segregation],  American 
public  education  remains  largely  unequal  in  most  regions  of  the 
country,  including  all  those  where  Negroes  form  any  significant 
proportion  of  the  population.' 

.  .  .  the  great  majority  of  American  children  attend  schools  that 
are  largely  segregated — that  is,  almost  all  of  their  fellow  students 
are  of  the  same  racial  background  as  they  are. - 

Sixty-five  percent  of  all  first  grade  Negro  pupils  surveyed  attend  schools 
that  have  an  enrollment  90  percent  or  more  Negro,  while  almost  80 
percent  of  all  first  grade  white  students  surveyed  attend  schools  that  are 
90  percent  or  more  white."  A  substantially  greater  proportion  of  Negro 
students  attend  schools  that  are  50  percent  or  more  Negro.     Approxi- 

'See  e.g.,  Missouri  ex  rel.  Gaines  v.  Canada,  305  U.S.  337  (1938);  Sweatt  v. 
Painter,  339  U.S.  629  (1950);  McLaurin  v.  Oklahoma  State  Regents  for  Higher 
Education,  339  V.S.  637  (1950). 

"347  U.S.  at  493. 

'Coleman  et  al.,  Equality  of  Educational  Opportunity  3  (1966).  The  study, 
which  was  required  in  title  IV  of  the  Civil  Rights  Act  of  1964,  was  carried  out  by 
the  National  Center  for  Educational  Statistics  of  the  U.S.  Office  of  Education.  Dr. 
James  Coleman  of  The  Johns  Hopkins  University  had  major  responsibility  for  the 
design,  administration,  and  analysis  of  the  study.  Hereinafter  cited  as  the  OE 
Survey. 

'  Ibid. 

'  Ibid. 


mately  87  percent  of  all  Negro  first  graders  are  in  such  schools  ^^ — 72  per- 
cent in  the  urban  North;  97  percent  in  the  urban  South.^^ 

National  or  regional  averages  such  as  these,  however,  do  not  reflect 
the  full  dimensions  of  school  segregation.  The  Commission's  investiga- 
tions found  that  in  the  Nation's  metropolitan  areas — where  two-thirds  of 
both  the  Nation's  Negro  and  white  populations  now  live — school  segre- 
gation is  more  severe  than  the  national  figures  suggest.    And  it  is  growing. 

In  15  large  metropolitan  areas  in  1960,  79  percent  of  the  nonwhite  ^- 
public  school  enrollment  was  in  central  city  schools,  while  68  percent  of 
the  white  enrollment  was  suburban.^  *  In  Cleveland,  98  percent  of  the 
nonwhite  metropolitan  public  school  children  were  in  the  central  city 
schools  in  1960,  and  69  percent  of  the  whites  were  in  suburban  public 
schools.^ '  The  Cleveland  city  schools  were  47  percent  nonwhite  in  1960. 
By  1965,  they  were  more  than  50  percent  nonwhite.^ '  In  Philadelphia, 
77  percent  of  the  nonwhite  metropolitan  public  school  children  were  in 
the  city  schools  in  1960,  and  73  percent  of  the  white  children  were  in 
suburban  public  schools.^"  In  1960,  the  Philadelphia  city  schools  were 
48  percent  Negro.  By  1965,  they  were  almost  60  percent  Negro.^' 
This  pattern  of  racial  concentration  is  typical  of  major  metropolitan 
areas. ^^ 

Racial  concentration  also  is  severe  within  the  central  cities.  Table  1 
shows  the  extent  of  elementary  school  segregation  in  75  cities.^"  In  these 
cities  75  percent  of  the  Negro  students  are  in  elementary  schools  with  en- 
rollments that  are  nearly  all-Negro  (90  percent  or  more  Negro),  while 
83  percent  of  the  white  students  are  in  nearly  all-white  schools.     Nearly 


"  Ibid. 

"W.  at  40,  table  2.14.1. 

'"  Although  the  Commission's  concern  in  this  report  is  with  racial  isolation  of 
Negroes,  statistical  data  frequently  arc  available  only  in  terms  of  "whites"  and  "non- 
whites."  As  of  1960,  Negroes  constituted  92  percent  of  the  Nation's  nonwhite  popula- 
tion. In  some  cities,  such  as  Los  Angeles  and  San  Francisco,  where  other  races  repre- 
sent a  substantial  proportion  of  the  population,  data  on  nonwhites  generally  are  not 
necessarily  true  for  Negroes  specifically.  In  instances  where  data  are  only  available 
on  a  white-nonwhite  basis,  the  Commission  generally  has  chosen  for  examples  cities 
where  Negroes  represent  virtually  all  of  the  nonwhite  population. 

'■'  Tables  on  school  enrollment  in  selected  metropolitan  areas,  prepared  for  the 
Commission  by  Prof.  Karl  E.  Taeuber  of  the  University  of  Wisconsin.  The  15  metro- 
politan areas  are  Boston,  Atlanta,  Philadelphia,  Milwaukee,  St.  Louis,  Houston,  Cin- 
cinnati, Baltimore,  Chicago,  Birmingham,  Pittsburgh,  New  Orleans,  Buffalo,  Mem- 
phis, San  Francisco-Oakland. 

"  Taeuber,  Population  Distribution  and  Residential  Segregation  in  Cleveland, 
a  special  report  prepared  for  the  Commission,  Table  4  ( 1966) . 

' '  Data  received  from  the  Cleveland,  Ohio  public  school  system. 

'"  Taeuber,  op.  cit.  supra  note  13. 

"  Data  received  from  the  Philadelphia,  Pa.  public  school  system. 

'^  See  note  13  supra. 

""  For  a  discussion  of  the  importance  of  school  desegregation  at  the  elementary  school 
level,  see  chapter  III  at  106-108. 


243-637  O— 67- 


Table  1.  — Extent  of  elementary  school  segregation  in  75  school  systeins 


City 


Mobile,  Ala 

Tuscaloosa,  Ala 

Little  IJock,  Ark 

Pine  Bluff,  Ark 

Los  Angeles,  Calif 

Oakland,  Calif 

Pasadena,  Calif 

Hichmoiul,  Calif 

San  Diego,  Calif 

San  Francisco,  Calif 

Denver,  Colo 

Hartford,  Conn 

New  Haven,  Conn 

Wilmington,  Del 

Miami,  Fla 

Tallahassee,  Fla 

Amcricus,  Ga 

Atlanta,  Ga 

Augusta,  Ga 

Marietta,  Ga 

Chicago,  ni 

East  St.  Louis,  HI 

Peoria,  HI 

Fort  Wayne,  Ind 

Gary,  Ind 

Indianapolis,  Ind 

Wichita,  Kans 

Louisville,  Ky 

New  Orleans,  La 

Baltimore,  Md 

Boston ,  Mass 

Springfield,  Mass 

Detroit,  Mich 

Flint,  Mich 

Minneapolis,  Minn 

Hatticsburg,  Miss 

Vicksburg,  Miss 

Kansas  City,  Mo 

St.  Joseph,  "Mo 

St.  Louis,  Mo 

Omaha,  Nebr 

Newark,  N.J 

Camden,  N.J 

Albany,  N.Y 

Buffalo,  N.Y 

New  York  City,  N.Y2» 

Charlotte,  N.C 

Raleigh,  N.C 

Winston-Salem,  N.C... 

Cincinnati,  Ohio 

Cleveland,  Ohio 

Columbus,  Ohio 

Oklahoma  City,  Okla__ 

Tulsa,  Okla 

Portland,  Oreg 

Chester,  Pa 

Harrisburg,  Pa 

Philadelphia,  Pa 

Pittsburgh,  Pa 

See  footnote  on  p.  5. 


Percentage 

of  Negroes 

in  90  to  100 

percent 

Negro 

schools 


99.  9 
99.  6 
9o.  6 
98.  2 
39.  5 
48.  7 
None 
39.  2 
13.  9 
21.  1 


29. 
9. 
36. 
49. 
91. 
99.  7 
99.  3 

97.  4 
99.  2 

94.  2 
89.  2 
80.  4 
21.  0 
60.  8 

89.  9 
70.  5 
63.  5 
69.  5 

95.  9 
84.  2 
35.  4 
15.  4 
72.  3 
67.  9 

None 

98.  7 

97.  1 
69.  1 
39.  3 

90.  9 
47.  7 
51.  3 
37.  0 
None 
77.  0 
20.  7 
95.  7 

98.  5 
88.  7 
49.  4 
82.  3 
34.  3 
90.  5 
90.  7 
46.  5 
77.  9 
54.  0 
72.  0 
49.  5 


Percentage 
of  Negroes 
in  majority- 
Negro 
schools 


99.  9 
99.  6 

95.  6 

98.  2 
87.  5 
83.2 
71.-4 
82.  9 
73.  3 
72.  3 
75.  2 
73.8 
73.4 
92.  5 
94.  4 

99.  7 
99.  3 
98.8 
99.  2 
94.  2 

96.  9 
92.  4 
86.9 
82.9 
94.  8 
84.  2 
89.  1 

84.  5 

96.  7 
92.  3 
79.  5 
71.  9 
91.  5 

85.  9 
39.  2 
98.  7 

97.  1 
85.  5 
39.  3 


93. 

81. 


90.  3 
90.  4 
74.  0 
88.7 
55.  5 
95.  7 
98.  5 

95.  1 

88.  0 
94.6 

80.  8 

96.  8 
98.  7 
59.  2 

89.  1 

81.  3 

90.  2 

82.  8 


Percentage 

of  whites 

in  90  to  100 

percent 

white 

schools 


Table  1. — Extent  of  elementary  school  segregation  in  75  school  systems — Continued 


City 


Percentage 

of  Negroes 

in  90  to  100 

percent 

Negro 

schools 


Percentage 
of  Negroes 
in  majority- 
Negro 
scliools 


Percentage 
of  whites 

in  90  to  100 
percent 
white 
schools 


Providence,  R.I_. 

Columbia,  S.C 

Florence,  S.C 

Sumter,  S.C 

Knoxvillc,  Tcnn_ 
Memphis,  Tcnn_. 
Nashville,  Tenn__ 

Amarillo,  Tex 

Austin,  Tex 

Dallas,  Tex 

Houston,  Tex 

San  Antonio,  Tex 

Richmond,  Va 

Seattle,  Wash 

Milwaukee,  Wis.. 
Washington,  D.C 


14.  6 
99.  1 
99.  1 
99.0 
79.  3 
95.  1 
82.  2 
89.6 
86.  1 
82.  6 
93.  0 
65.9 
98.  5 
9.  9 
72.  4 
90.4 


55.  5 
99.  1 
99.  1 
99.  0 
79.3 
98.8 
86.  4 
89.  6 
86.  1 
90.3 
97.6 
77.  2 
98.  5 
60.4 
86.8 
99.3 


63.  3 
100.  0 
100.  0 
100.  0 

94.9 

93. 

90. 

98. 

93. 

90. 

97. 

89. 

95.3 

89.8 

86.3 

34.3 


Note — Percentages  shown  in  this  table  arc  for  196.5-66  school  vear,  except  for 
Seattle,  Wash.  (1964-65),  Los  Angeles,  Calif.  (1963-64),  and  Cleveland,  Ohio 
(1962-63). 


9  of  every  10  Negro  elementary  school  students  attend  majority-Negro 
schools. '"^^ 

The  high  degree  of  racial  separation  in  the  schools  shown  by  these 
national  figures  is  found  in  the  North  as  well  as  in  Southern  and  border 
States.  In  Buffalo,  N.Y.,  for  example,  77  percent  of  the  Negro  elemen- 
tary schoolchildren  attend  schools  that  are  more  than  90  percent  Negro, 


'"  These  percentages  make  no  reference  to  the  large  Puerto  Rican  enrollment  in 
New  York  City  elementary  schools.  The  data  provided  to  the  Commission  by  the 
New  York  City  public  school  system  are  based  on  classroom  counts  by  teachers. 
According  to  Mr.  Leonard  Moriber,  research  associate,  New  York  City  Board  of 
Education,  students  with  Spanish  surnames  are  counted  as  Puerto  Ricans,  regardless 
of  their  race.  Thus  it  is  likely  that  the  actual  number  and  proportion  of  Negro 
elementary  school  students  is  somewhat  higher  than  the  data  show.  According  to 
the  school  system's  data,  of  the  total  of  592,000  elementary  school  students  in  the 
New  York  City  school  system,  183,000  arc  Negroes  and  130,000  are  Puerto  Ricans. 
Of  the  total  of  313,000  Negro  and  Puerto  Rican  students,  177,000  (56  percent)  are 
in  schools  whose  student  bodies  are  90-100  percent  Negro  and  Puerto  Rican.  267,000 
(85  percent)  are  in  schools  whose  student  bodies  are  majority-Negro  and  Puerto 
Rican. 

"^  The  total  elementary  school  enrollment  for  these  75  cities  is  1.6  million  Negro 
and  2.4  million  white.  Of  the  Negro  school  children,  1.2  million  (75  percent)  are 
in  90-100  percent  Negro  schools  and  1.4  million  (88  percent)  are  in  majority-Negro 
schools.  Of  the  white  school  children,  2.0  million  (83  percent)  are  in  90-100  per- 
cent white  schools.  See  Appendix  A,  Table  1,  for  a  complete  description  of  the  racial 
composition  of  each  school  system.  (All  appendices  except  the  legal  appendix  are 
published  in  volume  2  of  this  report.)  In  describing  the  extent  of  segregation  the 
Commission  has  used  three  basic  terms  throughout  this  report.  The  term  "nearly  all- 
Negro"  means  90.5-100  percent  Negro.  "Majority-Negro"  means  50.5-100  percent 
Negro.     The  term  "nearly  all-white"  means  0-10.5  percent  Negro. 


while  8 1  percent  of  the  whites  are  in  nearly  all-white  schools  ( 90  percent 
or  more  white) ."  In  Gary,  Ind.,  the  figures  are  90  percent  and  76  per- 
cent, respectively.'^  Again,  in  the  North,  the  proportion  of  Negro  chil- 
dren in  majority-Negro  schools  often  equals  or  exceeds  the  national  aver- 
age. In  Flint,  Mich.,  86  percent  of  the  Negro  elementary  schoolchildren 
are  in  majority-Negro  schools;  "^  in  Milwaukee,  87  percent;  "''  in  Chicago, 
97  percent.^'' 

A  high  degree  of  racial  separation  of  Negro  students  frequently  pre- 
vails regardless  of  the  size  of  the  school  system.  Examples  from  North- 
ern and  border  State  school  systems  are  illustrative.''  Kansas  City,  Mo., 
has  an  elementary  school  enrollment  twice  as  large  as  Fort  Wayne,  Ind., 
yet  in  each  city  more  than  60  percent  of  the  Negro  children  are  in  nearly 
all-Negro  schools."^  Detroit,  Mich.,  has  an  elementary  school  enroll- 
ment almost  four  times  as  large  as  Newark,  N.J.,  yet  in  each  city  more 
than  90  percent  of  the  Negro  children  are  in  majority-Negro  schools.-" 

Nor  does  the  pattern  necessarily  vary  according  to  the  proportion  of 
Negroes  enrolled  in  the  school  system.  For  example,  Negroes  are  26 
percent  of  the  elementary  school  enrollment  in  Milwaukee,  Wis.,  and 
almost  60  percent  of  the  enrollment  in  Philadelphia,  Pa.,  yet  in  both 
cities  almost  three  of  every  four  Negro  children  attend  nearly  all-Negro 


""  Data  received  from  the  Buffalo,  N.Y.  public  school  system. 

"'^  Data  received  from  the  Gary,  Ind.  public  school  system.  In  Detroit,  Mich., 
72  percent  of  the  Negro  elementary  school  students  are  in  90  percent  or  more  Negro 
schools,  while  65  percent  of  the  whites  are  in  nearly  all-white  schools.  In  Cleveland, 
Ohio,  the  figures  are  82  percent  and  80  percent  respectively.  (Data  from  Detroit  and 
Cleveland  public  school  systems) . 

"'  Data  received  from  Flint,  Mich.  pubUc  school  system. 

""  Data  received  from  the  Milwaukee,  Wis.  public  school  system. 

■"  Data  received  from  the  U.S.  Office  of  Education. 

"  A  number  of  border  State  school  systems,  such  as  Baltimore,  Md.,  Washington, 
D.C.,  St.  Louis  and  Kansas  City,  Mo.,  Wichita,  Kans.,  and  Wilmington,  Del.,  main- 
tained school  segregation  by  law  until  the  Brown  decision  in  1954.  These  border 
State  school  systems  abandoned  legally  compelled  school  segregation  shortly  after 
the  Brown  decision.     See  Southern  School  News,  Oct.  1,  1954,  pp.  4,  5,  8,  10. 

"^  Data  received  from  the  Kansas  City,  Mo.,  and  Fort  Wayne,  Ind.  public  school 
systems.  Compare  East  St.  Louis,  111.  (total  elementary  enrollment,  15,000),  with 
Baltimore,  Md.  (total  elementary  enrollment,  119,000),  where  more  than  80  per- 
cent of  the  Negro  elementary  school  children  in  both  cities  are  in  nearly  all-Negro 
schools.  Compare  also  Gary,  Ind.  (total  elementary  enrollment,  28,000),  with  St. 
Louis,  Mo.  (total  elementary  enrollment,  90,000),  where  90  percent  or  more  of 
the  Negro  elementary  school  children  in  both  cities  arc  in  nearly  all-Negro  schools. 

™  Data  received  from  Detroit,  Mich.,  and  Newark,  N.J.  public  school  systems. 
Compare  Springfield,  Mass.  (total  elementary  enrollment,  19,000),  with  San  Diego, 
Calif,  (total  elementary  enrollment,  70,000),  where  more  than  70  percent  of  the 
Negro  elementary  school  children  in  both  cities  are  in  majority-Negro  schools. 
Compare  also  Wilmington,  Del.  (total  elementary  enrollment,  8,000),  with  Phila- 
delphia, Pa.  (total  elementary  enrollment,  156,000),  where  more  than  90  percent 
of  the  Negro  elementary  school  children  in  both  cities  are  in  majority-Negro  schools. 


schools.^"  Negroes  are  only  19  percent  of  the  elementary  school  enroll- 
ment in  Omaha,  Nebr.,  and  almost  70  percent  of  the  enrollment  in 
Chester,  Pa.,  yet  in  both  cities  at  least  80  percent  of  the  Negro  children 
are  enrolled  in  majority-Negro  schools.^^ 

Although  levels  of  segregation  are  discernibly  higher  in  the  South  than 
in  the  North,  the  two  regions  do  not  fall  into  discrete  categories.  Table 
2  shows  the  extent  of  Negro  elementary  school  segregation  in  20  Southern 
and  Northern  cities.  The  extent  of  racial  isolation  in  Northern  school  sys- 
tems does  not  differ  markedly  from  that  in  the  South. 


Table  2. — Extent  of  elementary  school  segregation  in  20  selected  Northern  and 
Southern  cities — based  on  proportion  of  Negro  students  in  90-100  percent  Negro 
and  ynajority-Negro  elementary  schools 


Southern  cities 

Percent  in 

90-100% 
Negro 
schools 

Percent  in 

majority- 
Negro 
schools 

Northern  cities 

Percent  in 

90-100% 
Negro 
schools 

Percent  in 
majority- 
Negro 
schools 

Richmond,  Va 

Atlanta,  Ga 

Little  Rock,  Ark 

Memphis,  Tcnn 

Marietta,  Ga 

Houston,  Tex 

Miami,  Fla 

Winston-Salem,  N.C. 

Dallas,  Tex 

Nashville,  Tenn 

99 
97 
96 
95 
94 
93 
91 
89 
83 
82 

99 
99 
96 
99 
94 
98 
94 
95 
90 
86 

Gary,  Ind 

Chicago,  111 

Cleveland,  Ohio 

Chester,  Pa 

Buffalo,  N.Y 

Detroit,  Mich 

Milwaukee,  Wis 

Indianapolis,  Ind.. 

Flint,  Mich 

Newark,  N.J 

90 
89 
82 
78 
77 
72 
72 
71 
68 
51 

95 
97 
95 
89 
89 
92 
87 
84 
86 
90 

Racial  isolation  in  the  schools,  then,  is  intense  whether  the  cities  are 
large  or  small,  whether  the  proportion  of  Negro  enrollment  is  large  or 
small,  whether  thev  are  located  North  or  South. ^" 


™  Data  received  from  the  Milwaukee,  Wis.,  and  Philadelphia,  Pa.,  public  school 
systems.  Compare  Wichita,  Kans.  (13  percent  Negro  elementary  enrollment),  with 
Detroit,  Mich.  (55  percent  Negro  elementary  enrollment),  where  more  than  60 
percent  of  the  Negro  children  in  both  cities  attend  90-100  percent  Negro  schools. 
Compare  also  Fort  Wayne,  Ind.  (14  percent  Negro  elementary  enrollm.ent),  with 
Newark,  N.J.  (69  percent  Negro  elementary  enrollment),  where  more  than  50  per- 
cent of  the  Negro  children  in  both  cities  attend  90-100  percent  Negro  schools. 

^^  Data  received  from  the  Omaha,  Nebr.,  and  Chester,  Pa.,  public  school  systems. 
Compare  Richmond,  Calif.  (22  percent  Negro  elementary  enrollment),  with  Pitts- 
burgh, Pa.  (39  percent  Negro  elementary  enrollment),  where  more  than  80  percent 
of  the  Negro  children  in  both  cities  attend  majority-Negro  schools.  Compare  also 
Denver,  Colo.  (14  percent  Negro  elementary  enrollment),  with  New  Haven,  Conn. 
(46  percent  Negro  elementary  enrollment),  where  at  least  73  percent  of  the  Negro 
children  in  both  cities  attend  majority-Negro  schools. 

^'  A  similar  racial  pattern  exists  for  teachers.  In  Chester,  Pa.,  101  of  the  112  Negro 
elementary  school  teachers  in  the  school  system  in  1965  taught  in  schools  that  were 
90  to  100  percent  Negro.  In  Buffalo,  N.Y.,  of  the  total  of  some  200  Negro  elemen- 
tary school  teachers,  80  percent  taught  in  90  to  100  percent  Negro  schools  in  1965. 
In  Indianapolis,  Philadelphia,  and  Chicago,  more  than  90  percent  of  the  Negro  ele- 
mentary school  teachers  taught  in  majority-Negro  schools  in  1965.  In  border  State 
school  systems,  an  even  greater  proportion  of  Negro  teachers  are  found  in  nearly  all- 
Negro  schools.  In  Baltimore,  for  example,  more  than  85  percent  of  the  more  than 
2,000  Negro  elementary  school  teachers  taught  in  schools  that  were  90  to  100  percent 

Footnote  continued  on  following  page. 


Growth  of  Racial  Isolation  in  the  Schools 

Over  the  past  15  years,  Negro  elementary  school  enrollment  in  most 
city  school  systems  has  risen.  There  also  has  been  an  increase  in  the 
number  of  Negro  elementary  students  in  majority-Negro  and  nearly 
all-Negro  schools. 

Northern  School  Systems 

Table  3  shows  the  change  during  recent  years  in  the  number  and  pro- 
portion of  Negro  elementary  children  attending  such  schools  in  15 
Northern  cities.'" 

Eighty-four  percent  of  the  total  Negro  increase  in  these  15  city  school 
systems  was  absorbed  in  schools  that  are  now  90-100  percent  Negro,  and 
97  percent  in  schools  more  than  50  percent  Negro.^*  In  Cincinnati, 
Ohio,  the  Negro  elementary  school  enrollment  doubled  over  the  last  15 
years,  but  the  number  of  Negro  children  in  majority-Negro  schools  almost 
tripled.  In  1950,  7  of  every  10  Negro  elementary  schoolchildren  in 
Cincinnati  attended  majority-Negro  schools.  In  1965,  nearly  9  of  10 
did."'  In  Oakland,  Calif.,  almost  half  of  the  Negro  elementary  school 
children  were  in  90-100  percent  Negro  schools  in  1965.  Five  years 
earlier,  less  than  10  percent  were.  During  the  5-year  period,  Negro  ele- 
mentary school  enrollment  increased  by  4,100,  but  the  number  of  Negro 
students  in  90-100  percent  Negro  schools  increased  by  almost  8,000. ^"^ 

The  growing  segregation  of  Negro  elementary  school  students  in 
Northern  school  systems  has  resulted  in  substantial  changes  in  the  racial 
composition  of  individual  schools.  For  example,  the  Moses  Cleveland 
Elementary  School  in  Cleveland,  Ohio,  was  96  percent  white  in  1933. 
Over  the  next  25  years,  Negro  enrollment  at  the  school  increased  slowly 
at  a  rate  averaging  less  than  2  percent  per  year.     In  1958,  the  Moses 


Negro  in  1965.  In  St.  Louis,  all  but  73  of  the  nearly  1,500  Negro  elementary  school 
teachers  taught  in  90  to  100  percent  Negro  schools  in  1965.  (Data  received  from  the 
respective  school  systems.)  In  Southern  school  systems,  segregation  of  teachers  by 
race  is  virtually  absolute.  In  Southern  metropolitan,  areas  the  average  Negro  ele- 
mentary school  student  attends  a  school  in  which  96  percent  of  the  teachers  are 
Negroes,  and  the  average  white  student  attends  a  school  in  which  96  percent  of  the 
teachers  are  white.  See  OE  Survey  at  126.  For  a  complete  description  of  the  racial 
composition  of  the  teaching  staffs  of  elementary  school  systems,  see  App.  A,  Table  II. 

■'■  See  App.  A,  Table  III,  for  complete  data  on  the  growth  of  school  segregation  in 
individual  Northern  city  school  systems. 

"'The  total  increase  in  Negro  enrollment  was  154,000  of  which  130,000  (84  per- 
cent), were  absorbed  in  90  to  100  percent  Negro  schools,  and  149,000  (97  percent), 
were  absorbed  in  majority-Negro  schools. 

'"Data  received  from  the  Cincinnati,  Ohio,  public  school  system. 

"'  Data  received  from  the  Oakland,  Calif.,  public  school  system. 


I       O  00 -^  (N  00  (N  CO  IN  lO  t>  CO  i-H  C«5  05  •* 


;«  P  S 


Co  --, 


oocD^O(M-<*i-<tico^oocao5-H-Hec 

QOQOI>0  00  00  0  00  05  001>00  001>1>- 


fe: 


^ 


2;« 


00-*0'*OOCOOiO->*t^C>'-<00-HCJ 
OOC^)(MI>-^Ttirt-<^CMOCOOO<OCO 


■*Tf<OOOiOCOt^COOi-HOiOTt<00 

ci  c-i  o  ci  oi  o  oi  00  (N  i>^  'H  i>I  Ti<  lo  CO 

TtH:^       t^ -^  t^  00  ■>*  I>  IxM  t>  lO  T-H  CO 


QJO   fc.   o 


iO-^CC<)00'^fO'^O^OuO  !--,-< 
IC*        LOiMC^CO-^iOOCOOtNCOt^ 

rlCO  OC^  -rf*  OO  O  r-l  0-*  O  lOi-H 


i.O  lO  »0  lO  iC  iC  C-1  i.O  lO  iC  lO  iC  >o  IC  >c 

<OCOOCOOOOcO<X>COcOcOcOCDCO 


r>-00lM00O(M    TfrHr-HTt^OOOOl^OOO 


c  s 

■to  ^ 


^:^ 


a 

'n>>oj 

QJ  .til    •—    o 

3  e      <" 

■7  C 


)S  •—  o      I 
1  !=•  be  o     I 


4)  -tJ 

=3  (3  O  g 

P  o  bcj- 
So' 

(1< 


a>  o  u  o 

ST'  *^ 


iMOCOCOOC— I  'f-^C3C^'*CO->*iCiO 

Tti^ocooot^t^cO'^cot^cftooco 


t^C^C!N-<i<C^   -ft^ClLOO-H-HOlO 


'— iCOOiOcOt--OC-HOC5>— ICOOCO 
00  ^H  »0  (N  CO  CD  "-I  C5  O  t-- CO  O  C5 
C5  CO        lO  (M  CO  CO  T-H  CO  ^^  lO  05  ^H        ^^ 


OOOOOi-iiMOOi-HC^JCOCOCOCO 
iOiOiO»0»OiO»C>ncDCOCDCOcDCDCO 


C  ci 


■^  -C  "O  -I-! 


.=  S'o'S^? 


bc-o  o 


oS 


fi,pL,eL,MUOQfflajOWM!z; 


Cleveland  School  was  47  percent  Negro.  During  the  next  few  years, 
the  rate  of  increasing  Negro  enrollment  accelerated  substantially.  By 
1964,  the  school  was  95  percent  Negro. ^'  The  Washington  Elementary 
School  in  Pasadena,  Calif.,  was  11  percent  Negro  in  1946.  During  the 
next  12  years,  the  proportion  of  Negro  enrollment  slowly  increased  to  52 
percent  in  1958.  Three  years  later,  the  Negro  enrollment  was  69 
percent.  By  1964,  the  school's  enrollment  was  82  percent  Negro.^^ 
Thus,  in  several  cases  studied,  once  the  school  became  almost  half  or 
majority-Negro,  it  rapidly  became  nearly  all-Negro. 


Southern  and  Border  State  School  Systems 

The  story  is  somewhat  different  in  Southern  and  border  States. 
There,  the  proportion  of  Negroes  in  totally  Negro  schools  has  decreased 
since  the  1954  Supreme  Court  decision,  but  the  number  of  Negro  children 
attending  all-Negro  or  nearly  all-Negro  schools  has  risen  sharply. 

In  St.  Louis,  Mo.,  which  maintained  de  jure  segregated  public  schools 
before  the  Brown  decision,  there  were  27,000  Negro  elementary  students 
in  segregated  schools  in  1954.  By  1965,  there  were  52,000  Negro  stu- 
dents in  schools  90  to  100  percent  Negro.^^  In  Houston,  Tex.,  where 
public  schools  were  completely  segregated  until  1960,  the  number  of 
Negro  children  in  all-Negro  elementary  schools  increased  by  20  percent 
from  1960  to  1965.^°  The  rising  Negro  school  enrollment,  combined 
with  only  slight  desegregation,  has  produced  a  substantial  increase  in  the 
number  of  Negroes  attending  all-Negro  or  nearly  all-Negro  schools  in 
Southern  and  border  State  cities. 


^'  Also  in  Cleveland,  in  the  Columbia  Elementary  School,  Negro  enrollment  increased 
from  2  percent  in  1931  to  43  percent  in  1945.  By  1947,  the  Columbia  school  was  64 
percent  Negro.  By  1958,  it  was  99  percent  Negro.  Data  received  from  the  Cleve- 
land, Ohio  public  school  system. 

^^  Data  received  from  the  Pasadena,  Calif.,  public  schocl  system.  In  Omaha,  Nebr., 
the  Druid  Hill  Elementary  School  was  only  5  percent  Negro  in  1950.  Over  the  next 
10  years  Negro  enrollment  increased  at  a  rate  of  3.5  percent  per  year  to  40  percent. 
Between  1960  and  1965,  Druid  Hill's  Negro  enrollment  jumped  to  94  percent.  In 
Cincinnati,  Ohio,  Negro  enrollment  at  the  Evanston  Elementary  School  increased 
from  1  percent  in  1950  to  50  percent  in  1956.  Two  years  later,  the  school  was  more 
than  90  percent  Negro.  In  Indianapolis,  Ind.,  Negro  enrollment  at  Elementary 
School  No.  60  gradually  increased  from  2  percent  in  1951  to  44  percent  in  1960. 
By  1963,  Negro  enrollment  had  reached  65  percent.  Two  years  later,  the  school 
was  more  than  90  percent  Negro.  (Data  received  from  the  respectiv-e  public  school 
systems.) 

'^  Data  received  from  the  St.  Louis,  Mo.  public  school  system. 

*'  Data  received  from  the  Houston,  Tex.,  public  school  system.  See  App.  A, 
Table  III,  for  data  on  the  growth  of  school  segregation  in  individual  Southern  and 
border  State  school  systems. 

10 


Racial  Isolation  and  Population  Trends 

Metropolitan  Areas 

The  increasing  separation  of  Negro  and  white  school  children  in  metro- 
politan areas,  and  the  concentration  of  Negro  children  within  central 
city  schools,  have  occurred  in  the  context  of  similar  trends  in  the  general 
population.  Since  the  turn  of  the  century,  America  has  become  an 
urban  Nation.  The  change  from  rural  to  urban  residence,  although 
somewhat  more  dramatic  for  Negro  Americans  than  for  whites,  has  been 
a  national  phenomenon.  In  1960,  approximately  two-thirds  of  all 
Americans — white  and  Negro — lived  in  metropolitan  areas.^^ 

Although  white  and  Negro  Americans  now  reside  in  metropolitan 
areas  in  similar  proportions,  there  has  been  a  change  in  their  pattern 
of  residence  within  those  areas.  Sixty-six  years  ago,  little  more  than 
half  the  Negroes  in  metropolitan  areas  lived  in  the  central  city.  By 
1960,  however,  8  of  every  10  Negroes  in  metropolitan  areas  resided  there. 
White  population  trends  have  not  been  similar.  In  1900,  more  than 
6  of  every  10  metropolitan  whites  lived  in  the  central  cities,  but  by  1960 
more  than  half  the  metropolitan  white  population  resided  in  the  suburbs. 

An  examination  of  recent  population  increases  shows  the  trend  clearly. 
Between  1940  and  1960  the  total  population  of  metropolitan  areas 
increased  by  40  million  persons.  Eighty-four  percent  of  the  Negro  in- 
crease occurred  in  the  central  cities  and  80  percent  of  the  white  increase 
in  the  suburbs.  Between  1950  and  1960  the  suburbanization  of  whites 
accelerated;  nearly  90  percent  of  their  metropolitan  increase  occurred 
in  the  suburbs. 

In  the  24  largest  metropolitan  areas — areas  containing  more  than  half 
the  total  United  States  urban  population  in  1960  " — an  even  sharper 
contrast  appears.  In  the  two  decades  between  1940  and  1960,  almost 
100  percent  of  the  white  increase  was  absorbed  in  the  suburbs.  Between 
1950  and  1960,  the  24  central  cities  lost  nearly  I/2  million  white  resi- 
dents, and  gained  more  than  2  million  Negroes.  In  the  Baltimore  metro- 
politan area,  for  example,  the  white  surburban  population  increased  by 
324,000,  while  the  central  city  lost  113,000  white  persons.  One  hun- 
dred thousand  of  the  area's  nonwhite  population  increase  of  107,000 


"  All  demographic  data  which  follow  in  this  chapter,  unless  indicated  otherwise, 
are  derived  from  the  U.S.  Bureau  of  the  Census,  Census  of  Population,  1960. 
Standard  Metropolitan  Statistical  Areas,  PC   (3)-lD,  table  I. 

"  Twenty-four  metropolitan  areas  contained  1  million  persons  or  more  in  1960,  while 
there  were  188  metropolitan  areas  which  contained  less  than  1  million  persons  in 
1960.  See  Bureau  of  the  Budget,  Office  of  Statistical  Standards:  Standard  Metro- 
politan Statistical  Areas  ( 1964) . 

n 


^vas  in  the  central  city."  Similarly,  Cleveland's  suburbs  gained  367,000 
whites,  while  the  central  city  lost  142,000.  One  hundred  and  three 
thousand  of  the  105,000  Negro  population  increase  was  in  the  central 
city.  There  were  only  6,000  Negroes  throughout  the  Cleveland  suburbs 
in  1960." 

School-age  children  ^'  in  metropolitan  areas  also  reflect  these  trends. 
Between  1950  and  1960,  the  school-age  population  of  the  Nation's  24 
largv  St  metropolitan  areas — which  today  contain  almost  two-thirds  of 
the  Nation's  urban  school-age  population — increased  by  5  million. 
Almost  90  percent  of  the  nonwhite  increase  occurred  in  the  central  cities; 
more  than  80  percent  of  the  white  increase  was  in  the  suburbs.^"  By 
1960,  four  out  of  five  nonwhite  metropolitan  children  of  school  age 
lived  in  central  cities,  while  nearly  three-fifths  of  the  white  children 
lived  in  the  suburbs.^" 

Thus  the  growth  of  the  Nation's  metropolitan  areas  has  been  charac- 
terized by  an  increasing  separation  of  the  white  and  Negro  populations. 
A  recent  study  of  the  U.S.  Census  reports  no  change  in  these  trends.** 

Central  Cities 

Not  only  are  Negroes  concentrated  in  central  cities,  but  they  are 
segregated  within  them.  A  recent  study  of  residential  patterns  in  207 
central  cities  shows  that  residential  segregation  is  rigid  and  uniform.'*^ 
Intense  residential  segregation  exists  in  virtually  every  city  in  the  Nation : 

This  is  true  for  all  cities  in  all  regions  of  the  country  and  for  all 
types  of  cities.  ...  It  is  true  whether  there  are  hundreds  of 
thousands  of  Negro  residents,  or  only  a  few  thousand.^" 

One  index  of  residential  segregation  is  the  proportion  of  Negroes  who 
would  have  to  move  from  predominantly  Negro  blocks  to  predominantly 
white  blocks  in  order  to  achieve  an  even  distribution  of  the  population. 
As  of  1960,  the  index  of  residential  segregation  for  the  207  cities  was 
86  percent.^^  In  Pontiac,  Mich.,  it  was  90  percent;  ^-  in  Charlotte,  N.C., 
94  percent;  ^^  in  Bakersfield,  CaHf.,  87  percent.^* 


"  Tables  on  population  changes  in  the  Baltimore  metropolitan  area  prepared  for  the 
Commission  by  Prof.  Karl  E.  Taeuber  of  the  University  of  Wisconsin. 

*^  Taeuber,  op.  cit.  supra  note  14,  table  1. 

^°The  school-age  population  statistics  that  follow  include  ages  5  through  19. 

'"Data  for  1960  from  U.S.  Bureau  of  the  Census,  Census  of  Population  and  Hous- 
ing PHC  (1),  table  P2  (1960);  data  for  1950  from  U.S.  Bureau  of  the  Census, 
Characteristics  of  Population,  vol.  2,  table  33;  vol.  3,  table  2  (1950). 

"  Ibid. 

''U.S.  Bureau  of  the  Census,  Current  Population  Reports,  P-20,  151-152  (1965). 

'"  Taeuber  and  Taeuber,  Negroes  in  Cities  28-68  ( 1965) . 

••"/d.  at35. 

"  Id.  at  36. 

'•■Id.  at  33. 

■"'•'• /rf.  at  32. 

='  Ibid. 
12 


Thus  there  is  a  parallel  between  population  and  school  enrollment 
trends  within  metropolitan  areas.  In  both  cases,  Negro  population 
increases  are  almost  entirely  absorbed  in  the  central  cities.  In  both 
cases,  the  isolation  of  Negroes  in  residential  ghettos  and  Negro  schools 
is  growing.  The  Nation's  Capital — Washington,  D.C. — already  has  a 
majority-Negro  population.  Other  cities  are  experiencing  rapid  in- 
creases in  Negro  population.^^'  City  school  enrollments  more  sharply 
reflect  the  trend.  A  substantial  number  of  cities  have  elementary  school 
enrollments  that  already  are  more  than  half  Negro.  In  these  cities,  at 
least,  the  problems  of  racial  isolation  in  the  schools  can  no  longer  fully 
be  met  in  the  context  of  the  city  alone.^*' 


Educational  Disparities 

During  the  period  in  which  racial  isolation  in  the  schools  has  grown 
rapidly,  serious  disparities  in  educational  attainment  between  Negro  and 
white  students  have  persisted.  The  measure  of  educational  attainment 
most  commonly  used  in  recent  decades  has  been  years  of  school  com- 
pleted.°^  Assessments  based  on  this  standard  suggest  that  the  gap  be- 
tween the  educational  achievement  of  Negro  and  white  Americans  has 
been  narrowed  substantially.  Between  1940  and  1962,  for  example,  the 
difference  in  years  of  school  completed  between  whites  and  nonwhites 
was  reduced  by  more  than  half.^^  In  evaluating  this  apparent  progress, 
however,  an  additional  factor  must  be  taken  into  account. 


'""  See  Douglas,  "The  Urban  Negro  Family,"  in  The  American  Negro  Reference 
Book,  338  (Davis  ed.  1966). 

''"  There  were  24  metropolitan  areas  that  had  more  than  1  million  inhabitants  each 
in  1960.  Of  the  24  areas,  20  had  single  central  cities.  Of  these  20  areas,  9  had  ma- 
jority-Negro elementary  school  enrollment  in  1965:  Atlanta  (54  percent),  Baltimore 
(64  percent),  Chicago  (53  percent),  Cleveland  (54  percent),  Detroit  (55  percent), 
Newark  (69  percent),  Philadelphia  (59  percent),  St.  Louis  (63  percent),  Washington, 
D.C.  (91  percent).  Two  cities  had  elementary  enrollments  that  were  40  to  50 
percent  Negro:  Cincinnati  (40  percent),  Kansas  City,  Mo.  (42  percent).  Four 
cities  had  elementary  enrollments  that  were  30  to  40  percent  Negro:  Buffalo  (35 
percent),  Houston  (34  percent),  New  York  City  (31  percent),  Pittsburgh  (39 
percent).      (Data  received  from  the  respective  school  systems.) 

"This  measure  has  been  used  by  the  U.S.  Census  since  1940.  For  the  definition, 
see  U.S.  Bureau  of  the  Census,  Census  of  Population,  The  United  States  Summary, 
PC  (1)  ICxxi  (1960). 

^  In  1940,  nonwhite  males  25  to  29  years  old  averaged  6.5  years  of  school,  while 
white  males  of  similar  age  averaged  10.5  years  of  school.  By  1962,  nonwhite  males 
in  the  same  age  bracket  averaged  11  years  of  school  while  white  males  averaged  12.5 
years  of  school.  The  data  for  females  25  to  29  years  of  age  reveal  the  same  nar- 
rowing of  the  gap.  In  1940,  nonwhite  females  in  this  age  bracket  had  had  an  average 
of  7.5  years  of  school;  while  white  females  had  had  10.9  years  of  school.  But  by  1962, 
nonwhite  women  averaged  11.4  years  of  schooling,  while  white  women  averaged  12.4 
years  of  school.  Data  for  1962  from  U.S.  Bureau  of  the  Census,  Educational 
Attainment:  March,  1962,  Current  Population  Reports,  P-20  No.  121,  tables  2  and  3; 
1940  data  from  U.S.  Department  of  Labor,  The  Economic  Situation  of  Negroes  in 
the  United  States,  Bull.  No.  S-3  ( 1962 ) . 

13 


Years  of  school  completed  do  not  accurately  reflect  variations  in 
educational  attainment.  The  U.S.  Office  of  Education,  in  its  Equality 
of  Educational  Opportunity  survey,  made  a  systematic  analysis  of  verbal 
ability  and  reading  achievement  tests,  which  provide  better  indicators 
of  educational  attainment.  Although  these  achievement  tests  do  not 
measure  innate  ability  and  are  not  free  of  cultural  bias,  they  are  a  useful 
indicator : 

What  they  measure  are  the  skills  which  are  among  the  most  im- 
portant in  our  society  for  getting  a  good  job  and  moving  up  to  a 
better  one,  and  for  full  participation  in  an  increasingly  technical 
world. ^^ 

The  survey  found  that  the  relative  academic  standing  of  students 
changes  during  their  school  careers.'"  According  to  the  survey,  Negro 
and  white  students  in  metropolitan  areas  begin  school  with  a  noticeable 
difference  in  verbal  ability.^^  At  sixth  grade,  the  average  Negro  student 
is  about  one  and  one-half  grade  levels  behind  the  average  white  student 
in  verbal  achievement.  By  the  time  1 2th  grade  is  reached,  the  average 
white  student  performs  at  or  slightly  below  the  1  2th-grade  level,  but  the 
average  Negro  student  performs  below  the  9th-grade  level. '^"  Thus  years 
of  school  completed  has  an  entirely  diff"erent  meaning  for  Negroes  and 
whites. 


Other  Disparities 


The  persistence  of  disparities  in  educational  attainment  has  been  ac- 
companied by  continuing  and  even  widening  social  and  economic  dispari- 
ties between  Negro  and  white  Americans. 

True,  there  has  been  improvement  in  absolute  terms  in  the  position 
of  Negroes.  Levels  of  income  are  substantially  higher  now  than  before. 
More  Negroes  are  attending  college  and  entering  professions;  more 
skilled  jobs  are  being  filled  by  Negroes  than  ever  before."^ 

Despite  this  improvement,  however,  when  the  social  and  economic 
gains  of  Negroes  are  measured  against  the  gains  of  white  Americans, 
the  gap  is  as  wide  as  ever.  The  income  of  Negroes  has  risen  over  the 
years,  but  their  situation  relative  to  white  Americans  has  worsened.  In 
the  15-year  period  between  1949  and  1964,  the  median  annual  income 
for  nonwhite  families  increased  from  $1,650  to  $3,800.  Median  annual 
income  for  white  families  rose  during  the  same  period  from  $3,200  to 

''"  OE  Survey  20. 

"Ud.  273-275. 

'■'  Id.  at  221,  figure  3.11.1.  The  survey  does  not  express  this  first-grade  difference 
in  terms  of  precise  grade  levels  but  rather  in  terms  of  test  score  distributions. 

'■'Id.  273-274. 

'"^  U.S.  Department  of  Labor,  The  Negro  in  the  United  States:  Their  Economic 
and  Social  Situation,  Bull.  No.  1511,  table  IVB-2,  table  IIB-2;  for  income  levels  see 
Brimmer,  "The  Negro  in  the  National  Economy,"  in  Davis,  op.  cit.  supra  note  55,  at 
259. 

14 


more  than  $6,800."*  The  disparity  between  white  and  nonwhite  annual 
income  in  1949  had  been  less  than  $1,600.  By  1964,  the  gap  was  more 
than  $3,000. 

The  distribution  of  occupations  for  Negroes  and  whites  reveals  much 
the  same  situation.  The  proportion  of  the  total  Negro  labor  force  in 
white-collar  occupations  increased  by  one-third — to  1 1  percent — between 
1950  and  1960.  For  whites,  however,  33  percent  were  in  white-collar 
jobs  in  1950,  three  times  the  percentage  attained  by  Negroes  10  years 
later.'"' 

Within  the  Negro  population,  there  also  is  a  growing  gap  separating 
the  poor  from  the  relatively  affluent.  For  a  comparatively  small  per- 
centage of  the  urban  Negro  population,  the  decade  of  the  1950s  brought 
real  economic  progress  and  even  relative  affluence.*^"  For  the  great  ma- 
jority of  Negro  Americans,  however,  there  was  little  economic  change  in 
relation  either  to  whites  or  to  more  affluent  Negroes. 

The  great  majority  of  Negroes  still  are  "have-not"  Americans.  Small 
advances  in  their  overall  economic  and  social  position  have  not  altered 
significantly  their  situation  relative  to  whites.  The  closer  the  promise  of 
equality  seems  to  come,  the  further  it  slips  away.  In  every  American 
city  today,  most  Negroes  inhabit  a  world  largely  isolated  from  the  affluence 
and  mobility  of  mainstream  America. 

^  *  * 

These  facts  provide  the  foundation  for  the  Commission's  study.  They 
raise  basic  questions,  and  it  is  to  these  questions  that  the  remainder  of 
this  report  is  addressed. 

First,  what  are  the  factors  which  cause,  or  tend  to  reinforce,  separa- 
tion of  Negroes  and  whites  in  the  schools?  How  is  this  separation  related 
to  the  demographic  trends  described  in  this  chapter,  and  to  other  fac- 
tors-— educational,  fiscal,  and  governmental? 

Second,  what  are  the  consequences  of  racial  isolation  in  the  public 
schools?  What  impact  does  it  have  upon  the  educational,  economic,  and 
social  achievement  of  Negroes,  and  on  the  attitudes  of  Negro  and  white 
Americans? 

Third,  how  effective  are  existing  programs  designed  to  eliminate  racial 
isolation  in  the  schools,  and  to  remedy  existing  educational  disadvantage? 

Fourth,  what  is  the  current  and  potential  role  of  State  and  Federal 
governments,  and  what  are  the  legal  issues  arising  from  the  existence  of 
racially  isolated  schools? 

Based  on  the  specific  findings  in  answer  to  these  questions,  recommen- 
dations have  been  set  forth  that  provide  a  basis  for  positive  action  at  all 
levels  of  government. 


"*  Brimmer,  op.  cit.  supra  note  63,  at  259,  table  II;  U.S.  Bureau  of  the  Census, 
Current  Population  Reports,  Ser.  P-60,  No.  47,  table  E   (1965). 

*^U.S.  Department  of  Labor,  op.  cit.  supra  note  63,  at  112. 

""By  1960,  the  annual  mean  family  income  of  the  top  20  percent  of  nonwhite 
families  was  nearly  $9,000.  The  top  5  percent  earned  more  than  $12,600  per  year. 
Brimmer,  op.  cit.  supra  note  63,  at  271. 

15 


Chapter  2 

Causes  of  Racial  Isolation 

The  causes  of  racial  isolation  in  the  schools  are  complex.  It  has  its 
roots  in  racial  discrimination  that  has  been  sanctioned  and  even  en- 
couraged by  government  at  all  levels.  It  is  perpetuated  by  the  effects 
of  past  segregation  and  racial  isolation.  It  is  reinforced  by  demographic, 
fiscal,  and  educational  changes  taking  place  in  the  Nation's  metropolitan 
areas.  And  it  has  been  compounded  by  the  policies  and  practices  of 
urban  school  systems. 

Metropolitan  Dimensions 

The  rich  variety  of  the  Nation's  urban  population  is  being  separated 
into  distinct  groups,  living  increasingly  in  isolation  from  each  other.  In 
metropolitan  areas  there  is  a  growing  separation  between  the  poor  and 
the  affluent,  between  the  well  educated  and  the  poorly  educated,  be- 
tween Negroes  and  whites.  The  racial,  economic,  and  social  stratifica- 
tion of  cities  and  suburbs  is  reflected  in  similar  stratification  in  city  and 
suburban  school  districts. 

School  District  Organization 

Just  as  metropolitan  areas  typically  are  divided  into  large  numbers 
of  independent  municipaUties,  so  metropolitan  schoolchildren  typically 
are  served  by  many  separate  school  districts.^  It  is  not  uncommon  for 
a  single  metropolitan  area  to  contain  40  or  more  school  districts.  In 
the  Boston  MetropoHtan  Area,  for  example,  there  are  more  than  75 
separate  school  districts.  The  Detroit  area  has  96  separate  school 
districts."  Moreover,  school  districts  in  metropolitan  areas  serve  widely 
varying  numbers  of  students.  In  1962,  more  than  half  of  the  Nation's 
metropolitan  schoolchildren  were  served  by  only  5  percent  of  the  school 


^The  212  metropolitan  areas  in  the  Nation  are  served  by  6,604  school  districts. 
'U.S.  Bureau  of  the  Census,  Census  of  Governments  1962,  Vol.  5,  at  5  (1964). 
-  Id.  at  70,  68. 

17 


districts  in  metropolitan  areas,  while  3  percent  of  metropolitan  school- 
children were  served  by  35  percent  of  the  school  districts.^ 

The  organization  of  school  districts  would  not  be  of  special  significance 
if  the  racial  and  socioeconomic  groups  they  served  were  fairly  repre- 
sentative of  the  entire  metropolitan  area.  But  city  and  suburban  school 
districts  generally  serve  separate  economic,  social,  and  racial  groups. 

The  Population  Trend 

As  was  noted  in  Chapter  1,  two-thirds  of  all  Americans — white 
and  Negro — live  in  metropolitan  areas,  but  whites  and  Negroes  in- 
creasingly live  apart.  By  1960,  more  than  eight  of  every  10  Negroes 
in  metropolitan  areas  resided  in  central  cities,  while  a  majority  of  the 
white  population  was  suburban.  Current  trends  suggest  that  the  sep- 
aration will  continue.  While  Negroes  of  all  age  groups  are  concentrated 
in  cities,  white  adults  are  divided  equally  between  cities  and  suburbs. 
White  school-age  children,  however,  are  more  heavily  concentrated  in 
suburbs.  Table  1  shows  the  change  in  the  age  structure  of  suburban 
and  city  whites  for  42  metropolitan  areas  between  1950  and  1960.  In 
1960  the  suburbs  contained  a  lower  proportion  of  whites  over  60  years 
of  age  than  the  cities ;  a  greater  proportion  of  whites  of  childbearing  age 


Table  1. — Percent  of  melropolitan  white  population 

by  age,  1950  and  1960 

in  central  city  and  suburbs, 

Percent  of  white  population  living  in— 

Net  change 

1950 

1960 

1950  to  1960 

Central 
city 

Suburbs 

Central 
city 

Suburbs 

Central 
city 

Suburbs 

23  largest  metropoli- 
tan areas — Age 
groups : 

0-19 

20-40 

41-60 

61  and  over 

54.  0 
57.  3 

56.  4 

57.  0 

46.  0 

42.  7 

43.  6 
43.  0 

42.  6 
44.  9 

48.  7 
55.  6 

57.  6 
55.  1 
51.  3 
44.  4 

+  17.  0 

-24.  6 

-6.4 

+  22.  3 

+  86.  4 
+  24.  2 
+  27.  2 
+  29.  8 

Total 

56.  1 

43.  9 

46.  4 

53.6 

-2.  2 

+  44.  2 

19  smaller  metropoli- 
tan areas — Age 
groups : 

0-19 

20-40 

41-60 

61  and  over 

65.  0 
52.  3 

58.  4 

59.  1 

35.  0 
47.  7 
41.  6 
40.  9 

47.  0 
50.  0 
51.9 

56.8 

53.  0 
50.  0 

48.  1 
43.2 

-11.8 
-6.  0 

+  2.  7 
+  28.  3 

+  84.2 

+  3.  0 

+  34.  0 

+  41.  2 

Total 

58.  9 

41.  1 

50.  2 

49.8 

-2.3 

+  38.7 

Source:  Data  compiled  from  U.S.  Bureau  of  the  Census,  1950  Census  of  Population  and  1960  Census 
of  Population. 


Id.  at  24,  table  2. 


18 


than  the  cities;  and  an  even  greater  proportion  of  white  school-age 
children.  Since  1950  the  population  gain  for  suburban  whites  has  been 
highest  for  children  of  school  age.  The  cities'  losses  have  been  least  in 
the  over-60  age  group.  The  trend  is  most  pronounced  in  the  larger 
metropolitan  areas. 

The  separation  of  Negro  and  white  adults  of  childbearing  age  per- 
petuates the  present  concentration  of  white  school-age  children  in  the 
suburbs  and  Negro  children  in  the  cities.  The  more  isolated  pattern 
for  children — the  parents  of  the  next  generation — suggests  that  were 
all  migration  to  cease  today,  natural  population  increases  alone  would 
greatly  intensify  racial  separation  over  the  next  generation/ 


Social  and  Economic  Trends 

The  increasing  racial  contrast  between  city  and  suburbs  is  paralleled 
by  contrasts  in  economic  and  social  status.  Table  2  shows  the  marked 
disparities  in  personal  income  and  educational  attainment  between  sub- 
urbs and  central  cities.  On  the  average,  nearly  70  percent  of  the  cities 
had  suburbs  with  higher  median  family  income  and  educational  attain- 
ment in  1960.  In  the  larger  metropolitan  areas — those  with  a  popu- 
lation of  500,000  or  more — this  was  true  of  all  cities. 

Table  2. — City-suburban  differentials  in  socioeconomic  status,  by  population  size 

of  urbanized  area 


Number 
of  areas 

Percent  of  urbanized  areas  with— 

Population  oi  urbanized  areas 

Higher  suburban 

median  family 

income 

Higher  suburban 
percent  complet- 
ing high  school 

Higher  suburban 
percent  in  white- 
collar  occupation 

1,000,000  + 

16 

22 
29 
43 
37 
53 
200 

100.0 
100.0 
79.9 
72.1 
70.3 
56.6 
74.0 

100.0 
100.0 
75.9 
62.8 
64.9 
49.  1 
68.5 

87.5 

500,000-1,000,000 

86.4 

250,000-500,000 

55.2 

150,000-250,000.    .    

48.8 

100,000-150,000-. 

40.5 

50,000-100,000 

30.2 

Total  areas 

50.5 

Source:  Schnore,  The  Urban  Scene,  207,  Table  I  (1965). 

The  contrast  sharpens  when  wealth  and  poverty  in  absolute  terms 
are  considered.  Central  cities  have  more  poverty — families  with  in- 
comes below  $3,000  a  year — than  suburbs.  Suburbs  have  more 
wealth — families  with  incomes  of  more  than  $10,000  a  year — than  cities. 
There  is  also  a  sharp  contrast  in  educational  attainment.  For  every 
25  persons  in  the  suburbs  with  less  than  a  high  school  education,  there 
are  30  in  the  cities;  and  for  every  25  persons  in  the  cities  with  a  college 
education,  there  are  30  in  the  suburbs.^ 


*  Farley  and  Taeuber,  Changes  in  Metropolitan  Areas  Color  Composition  and 
Residential  Segregation  Since  1960  (unpublished  study  in  Commission  files),  (1966). 

^Data  for  the  23  largest  metropolitan  areas,  compiled  from  U.S.  Bureau  of  the 
Census,  1960  Census  of  Population,  PC  (3),  Vol.  3. 

19 


Since  1950,  cities  have  declined  in  social  and  economic  levels  com- 
pared to  suburbs.  As  Table  3  shows,  the  suburbs  gained  almost  twice 
as  many  persons  of  high  income  as  the  cities.  The  entire  gain  in  white- 
collar  workers  was  suburban,  with  no  increase  at  all  in  the  cities.  In 
addition,  the  suburbs  have  gained  almost  five  times  as  many  persons 
with  some  college  education  as  the  cities. 

Almost  all  the  affluent  and  well-educated  people  who  are  settling  in 
the  suburbs  are  white.''  As  a  result,  suburban  school  districts  acquire 
increasing  numbers  of  white  children  from  well-educated  and  relatively 
affluent  families.  Left  behind  in  the  city  school  districts  are  children — 
many  of  whom  are  Negroes — from  families  of  relatively  low  income 
and  educational  attainment. 


Table  3. — 1950  to  1960  changes  in  social  and  economic  status  of  -population  in  the 
23  largest  metropolitan  areas 


Central  city 

Percent 

Suburbs 

1950-60  changes  in— 

Number  (in 
thousands) 

Number  (in 
thousands) 

Percent 

Number  families  with  more  than 
$10,000  yearly  income 

+  1,  092 

+  322 

+  1,737 

+  762 

Number  individuals  over  25  years  of 
age  with  1  year  or  more  of  college.  _ 

+  360 

+  14 

+  1,709 

+  84 

Number  white-collar  workers 

-2 

-.05 

+  1,735 

+  47 

Source:  Data  compiled  from  U.S.  Bureau  of  tlie  Census,  1950  Census  of  Population  and  1960  Census  o 
Population,  vol.  3. 

Housing 

In  large  part,  the  separation  of  racial  and  economic  groups  between 
cities  and  suburbs  is  attributable  to  housing  policies  and  practices.  The 
practices  of  private  industry — builders,  lenders,  and  real  estate  brokers — 
often  have  been  key  factors  in  excluding  the  poor  and  the  nonwhite  from 
the  suburbs  and  confining  them  to  central  cities.  Practices  of  the  private 
housing  industry  have  been  rigidly  discriminatory,'  and  the  housing  it 
has  produced — largely  in  the  suburbs — has  been  at  a  price  that  only  the 
relatively  affluent  can  afford.** 


"In  1960,  of  the  54  milhon  people  living  in  the  metropolitan  areas  outside  of  the 
central  cities,  only  2/2  million  were  Negroes.  U.S.  Bureau  of  the  Census,  U.S.  Census 
of  Population  I960,  PC  ( 3 )  -ID,  table  1 ,  at  2  ( 1 963 ) . 

^  In  1958  the  Commission  on  Race  and  Housing  concluded  that,  "It  is  the  real  estate 
brokers,  builders,  and  mortgage  finance  institutions  which  translate  prejudice  into 
discriminatory  action."  Commission  on  Race  and  Housing,  Where  Shall  We  Live? 
27  (1958).  Sec  also  Abrams,  Forbidden  Neighbors  (1955)  ;  McEntire,  Residence  and 
Race  (1960);  1961  U.S.  Commission  on  Civil  Rights  Report,  Housing  2-3  (herein- 
after cited  as  1961  Commission  Housing  Report)  ;  Denton,  Race  and  Property  (1964). 
At  the  end  of  1965  the  median  sales  price  of  private  nonfarm  one-family  homes 
sold  throughout  the  Nation  was  $20,000.  U.S.  Department  of  Housing  and  Urban 
Development,  XIX  Housing  Statistics,  table  A-22  (1966 ) . 

20 


Private  industry  is  not  alone  responsible,  however,  for  the  growth  of 
virtually  all-white,  middle-class  suburbs  surrounding  the  urban  poor. 
Government  at  all  levels  has  contributed  to  the  pattern.  Racial  zoning 
ordinances  imposed  by  local  law  were  a  formidable  factor  in  creating  and 
maintaining  racially  exclusive  neighborhoods.  Although  such  ordi- 
nances were  held  unconstitutional  in  1917,'''  a  few  communities  continued 
to  enforce  them,  even  as  late  as  the  1950's.^°  Judicial  enforcement  of 
racially  restrictive  covenants  has  been  another  important  factor.  Al- 
though these  covenants  were  private  agreements  to  exclude  members  of 
designated  minority  groups,  the  fact  that  they  were  enforceable  by  State 
and  Federal  courts  gave  them  maximum  effectiveness.^^  Not  until  1948 
was  the  judicial  enforcement  of  such  covenants  held  unconstitutional,^' 
and  not  until  1953  was  their  enforcement  by  way  of  money  damages  held 
unlawful. ^^  Although  racially  restrictive  co\'enants  no  longer  are  judi- 
cially enforceable,  they  are  still  used  and  the  patterns  they  helped  to  create 
still  persist.^' 

In  addition,  the  authority  of  local  goNcrnment  to  decide  on  building 
permits,  building  inspection  standards,  and  the  location  of  sewer  and 
water  facilities,  has  sometimes  been  used  to  discourage  private  builders 
who  otherwise  would  be  willing  to  provide  housing  on  a  nondiscrimina- 
tory basis. ^'    The  power  of  eminent  domain  also  has  been  used  to  keep 


^  Buchanan  V.  Warley,  245  U.S.  60  (1917). 

'"See,  e.g., City  of  Birmingham  v.  Monk,  185  F.  2d  859  (5th  Cir.  1950)  cert,  denied, 
341  U.S.  940  (1951 ),  where  a  racial  zoning  ordinance  enacted  by  the  city  of  Birming- 
ham, Ala.,  was  tested  in  the  courts  as  late  as  1951.  It  was  found  to  be  unconstitutional. 
See  also  Jimerson  v.  City  of  Bessemer,  Civil  No.  10054,  N.D.  Ala.,  Aug.  3,  1962,  where 
a  Federal  District  Court  noted  in  the  summer  of  1962  that  the  city  of  Bessemer,  Ala., 
had  repealed  its  racial  zoning  ordinance  "several  years  ago." 

"  Typically  racially  restrictive  covenants  represent  agreements  among  adjoining 
landowners  designating  those  who  will  be  permitted  to  occupy  the  land  in  the  future. 
Thus,  while  their  effect  is  similar  to  that  of  racial  zoning  ordinances,  their  form  is 
that  of  private  agreement  rather  than  legislative  fiat.  A  typical  racially  restrictive 
covenant  provided:  "No  part  of  the  land  hereby  conveyed  shall  ever  be  used,  or  occu- 
pied by  or  sold,  demised,  transferred,  conveyed  unto,  or  in  trust  for,  leased,  or  rented 
or  given  to  Negroes,  or  any  other  person  or  persons  of  Negro  blood  or  extraction,  or  to 
any  person  of  the  Semitic  race,  blood,  or  origin,  which  racial  description  shall  be 
deemed  to  include  Armenians,  Jews,  Hebrews,  Persians  and  Syrians."  Hearings  before 
the  U.S.  Commission  on  Civil  Rights  on  Housing  in  Washingtoji,  D.  C,  58  (1962). 
See  Legal  Appendix  infra  at  256  for  a  partial  list  of  cases  in  which  such  covenants  were 
judcially  enforced.  See  also  Corrigan  v.  Buckley,  271  U.S.  323  (1926),  where  the 
U.S.  Supreme  Court  held  that  these  covenants  were  not  invalid  in  the  District  of  Co- 
lumbia, a  Federal  jurisdiction. 

''Shelley  v.  Kraemer,  334  U.S.  1    (1948)  ;  Hurd  v.  Hodge,  334  U.S.  24  (1948). 

''"  Barrows  w.  Jackson, ?,Ae>\J.?>.  249  (1953). 

'^  This  Commission  pointed  out  in  1962:  "Restrictive  covenants  although  judi- 
cially unenforceable,  are  still  used  and  recorded  in  the  Washington  area,  and  are 
often  effective  in  barring  members  of  the  proscribed  racial  and  religious  groups  from 
occupying  homes  of  their  choice  and  within  their  means."  U.S.  Commission  on 
Civil  Rights,  Civil  Rights  U.S.A.:  Housing  in  Washington,  DC,  33   (1962). 

''  See  McEntire,  op.  cit.  supra,  note  7,  at  186,  where  builders  from  Detroit,  Chicago, 
Los  Angeles,  and  Norfolk,  Va.,  describe  the  local  governments'  means  to  enforce  their 
opposition  to  open  housing. 

21 

24:^-637  O— G7 S 


Negroes  from  entering  all-white  communities,^'"  as  have  suburban  zoning 
and  land  use  requirements.^'  Other  restrictive  zoning  policies,  such  as 
minimum  lot  size  requirements,  often  have  had  the  effect  of  keeping  all 
but  the  relatively  affluent  out  of  the  suburbs. ^^ 

Federal  housing  policy  also  has  contributed  to  racial  separation  be- 
tween city  and  suburb.  The  programs  of  the  Federal  Housing  Admin- 
istration (FHA)  and  Veterans' Administration  (VA)  have  been  key  fac- 
tors in  the  rapid  growth  of  middle-class,  white  suburban  communities. ^° 
During  1965,  some  $150  billion  in  mortgage  loans,  representing  more 
than  15  million  housing  units,  were  insured  or  guaranteed  under  these 
programs.-''  The  practices  of  these  two  agencies  during  the  post-World 
War  II  years  of  great  suburban  expansion  paralleled  and  supported  the 
discriminatory  practices  of  private  industry."^ 

Until  1947,  for  example,  FHA  actually  encouraged  the  use  of  racially 
restrictive  covenants  to  assure  racial  homogeneity.""  Not  until  the  is- 
suance of  the  Executive  Order  on  Equal  Opportunity  in  Housing  "^  in 
1962  could  it  be  said  that  FHA  and  VA  policy  was  one  of  nondiscrimi- 
nation. The  Executive  Order,  however,  is  limited  largely  to  new  housing 
assisted  by  FHA  and  VA.  Their  share  of  the  new  housing  market,  which 
during  the  suburban  housing  boom  of  the  late  1940's  and  1950's  often 
exceeded  30  percent,  has  decreased  to  well  under  20  percent."*     The  mil- 


'"See,  e.g.,  Wiley  v.  Richland  Water  District,  Civil  No.  60-207,  D.  Ore.,  June  30, 
1960,  5  Race  Rel.  L.  Rep.  788  (1960),  where  the  land  upon  which  Negro  families 
had  planned  to  construct  a  home  was  condemned  by  the  local  water  district  for 
further  development  and  sanitation  control.  See  also  City  of  Creve  Coeur  v.  Wein- 
stein,  329  S.W.  2d  399  (St.  Louis  Ct.  of  App.  1959),  where  the  court  upheld  the 
condemnation  for  public  recreational  purposes  of  land  owned  by  a  Negro  family  in 
a  previously  all-white  neighborhood. 

^^  See  e.g.,  Friedcn,  "Toward  Equality  of  Urban  Opportunity,"  XXXI  Journal  of 
American  Institute  of  Planners  323(1 965 ) . 

"  See  for  an  example.  Hearing  before  the  U.S.  Commission  on  Civil  Rights  in 
Cleveland,  Ohio,  205-211,  726-729  (Apr.  1-7,  1966)  (hereinafter  cited  as  Cleve- 
land Hearing). 

'*  For  a  detailed  discussion  of  the  role  of  FHA  and  VA  in  the  development  of 
residential  segregation,  see  1961  Commission  Housing  Report  9-26. 

"°  Data  supplied  by  Lee  Amman  of  the  FHA  Statistics  Division  and  R.  C.  Coon 
of  the  VA  Loan  Policy  Division  on  Oct.  11,  1966.  FHA  programs  have  been  operat- 
ing since  1934  and  VA  programs  since  1944. 

"'See  Weaver,  The  Negro  Ghetto,  72  (1948);  Abrams  op.  cit.  supra,  note  7,  at 
229-237. 

"The  FHA  Underwriting  Manual  of  1938  declared:  "If  a  neighborhood  is  to 
retain  stability,  it  is  necessary  that  properties  shall  continue  to  be  occupied  by  the 
same  social  and  racial  groups."  The  manual  carried  this  principle  a  step  further 
by  providing  a  model  racially  restrictive  covenant  and  recommended  its  use.  See 
1961  Commission  Housing  Report  16. 

^Exec.  Order  No.  11063,  27  Fed.  Reg.  11527  (1962).  A  number  of  States 
and  localities  have  adopted  fair  housing  laws.  For  a  collection  of  such  laws,  see 
HHFA,  Fair  Housing  Laws  ( 1 964) . 

■*  In  1954  the  combined  FHA  and  VA  share  of  the  market  was  35.5  percent;  in 
1955,  41.1  percent;  in  1956,  34.7  percent.  By  1964  the  combined  FHA  and  VA 
share  of  the  new  housing  market  had  been  reduced  to  17  percent.  Computations 
based  on  HHFA  18  Ann.  Rep.  383  (1964). 

22 


lions  of  suburban  housing  units  the  two  agencies  helped  to  produce  in 
past  years  when  they  were  a  dominant  force  in  the  housing  industry 
remain  largely  unaffected  by  the  Executive  Order's  requirement  of  non- 
discrimination. Thus,  present  Federal  nondiscrimination  policy  does  not 
reach  much  of  the  housing  the  Federal  Government  subsidized  under 
policies  which  countenanced  or  encouraged  discrimination,  and  efforts 
to  obtain  a  national  law  broader  in  coverage  thus  far  have  proved 
unsuccessful."^ 

Equally  important  is  the  fact  that  Federal  housing  programs  have  not 
made  a  comparable  investment  in  housing  to  meet  the  needs  of  lower- 
income  families,  of  whom  Negroes  make  up  a  disproportionate  share. 
The  few  Federal  programs  that  do  seek  to  provide  such  housing  do  not 
provide  it  on  a  metropolitan  basis.  Indeed,  they  are  having  the  effect  of 
intensifying  concentrations  of  the  poor  and  nonwhite  within  central  cities. 

Low-rent  public  housing,  for  example,  is  an  important  source  of  housing 
for  Negroes.'"  In  metropolitan  areas  it  has  been  confined  almost  entirely 
to  central  cities.  State  laws  vary  on  where  public  housing  developments 
may  be  placed.  In  some  States,  city  housing  authorities  may  operate  in 
suburban  areas  but  the  consent  of  the  governing  body  of  the  community  in 
which  the  public  housing  is  to  be  built  always  must  be  obtained.-'  Of 
the  quarter  of  a  million  public  housing  units  that  have  been  built  by  city 
public  housing  authorities  in  the  Nation's  24  largest  metropolitan  areas, 
in  only  one,  Cincinnati,  has  the  city  housing  authority  been  permitted  to 
build  outside  the  central  city.  There  the  authority  has  provided  a  total 
of  76  low-rent  units  in  the  suburbs.-^  In  effect,  therefore,  the  pubHc 
housing  program  has  served  to  intensify  the  concentrations  of  the  poor 
and  the  nonwhite  in  the  central  city. 

The  FHA  221  (d)  (3)  program,  designed  to  assist  private  industry  in 
providing  rental  housing  for  lower-  and  moderate-income  families,  also 
produces  housing  largely  confined  to  central  cities.  Under  existing  legis- 
lation projects  may  be  constructed  only  in  communities  which  have 
adopted  a  "workable  program  for  community  improvement."  ~^  Since 
most  cities  have  such  "workable  programs"  and  few  suburbs  do,^°  the 

■'^During  the  last  session  of  Congress,  a  civil  rights  bill,  H.R.  14765,  &9th  Cong. 
2d  sess.  (1966),  containing  a  broad  fair  housing  law,  was  passed  by  the  House  of 
Representatives  on  Aug.  9,  1966.     It  was  not  passed  by  the  Senate,  however. 

-"As  of  March  1966,  of  the  587,520  occupied  public  housing  units,  273,097  were 
occupied  by  Negroes.  Data  obtained  from  Louis  Katz,  head  of  Statistics  Division, 
Housing  Assistance  Administration,  Department  of  Housing  and  Urban  Development, 
Oct.  6,  1966. 

-■^Memorandum  dated  Oct.  3,  1966,  from  Ruth  E.  Dunlop,  Legislative  Attorney, 
Hou.sing  Assistance  Administration,  Department  of  Housing  and  Urban  Development, 
to  the  U.S.  Commission  on  Civil  Rights. 

^  Data  supplied  by  Louis  Katz,  note  26  supra,  on  Oct.  31,  1966. 

-"Housing  Act  of  1949,  sec.  101(c),  amended  by  75  Stat.  149,  153  as  amended 
42U.S.C.  1451(c)  (1964). 

*'  According  to  one  official,  at  least  75  percent  of  the  suburbs  do  not  maintain 
workable  programs.  Interview  with  Maurice  Davis,  Office  of  the  Secretary,  Depart- 
ment of  Housing  and  Urban  Development,  Oct.  12,  1966. 

23 


majority  of  units  in  the  program  have  been  constructed  in  central  cities.^^ 
FHA-assisted  builders  of  private  suburban  housing  are  free  to  build  with- 
out regard  to  whether  the  community  maintains  a  "workable  program." 
But  where  private  enterprise  is  being  utilized  to  provide  housing  for  lower- 
income  families  under  221  (d)  C)),  Congress,  by  imposing  the  "workable 
program"  requirement,  has  given  local  governments  the  power  to  prevent 
the  building  of  projects  within  their  boundaries.  Even  if  this  form  of 
local  government  veto  power  should  be  removed,  thereby  permitting  the 
housing  industry  to  build  low-income  housing  in  the  suburbs,  the  impact 
of  the  221  (d)  (3)  program  would  not  be  great  because  of  the  limited 
volume  of  housing  the  program  can  produce.^" 

The  rent  supplement  program,  authorized  in  1965,  potentially  can  pro- 
duce a  larger  volume  of  low-income  housing  outside  central  cities.^^  But 
here,  too,  Congress  has  given  local  governments  a  veto  power  by  requiring 
that  there  either  be  a  "workable  program"  in  the  community  or  that  the 
local  governing  body  specifically  approve  the  operation  of  the  program  in 
the  community.^^  The  volume  of  housing  the  rent  supplement  program 
can  produce  has  been  curtailed  because  Congress  has  appropriated  less 
than  half  the  funds  authorized  for  the  program's  operation  in  its  first  two 
years. 

Low-cost  housing,  then,  is  produced  under  governmental  policies  which 
result  in  its  being  made  available  largely  in  the  central  city,  further  rein- 
forcing the  trend  toward  racial  and  economic  separation  in  metropolitan 
areas. 


^^  While  no  precise  statistics  are  available  on  this  point,  this  was  the  estimate  of 
the  Market  Analysis  and  Research  Section,  Research  and  Statistics  Division,  FHA. 
Information  obtained  from  Sigmund  Shapiro  of  the  Market  Analysis  and  Research 
Section,  Oct.  10,  1966. 

"'During  the  five  years  of  the  program's  existence,  it  has  produced  only  47,000 
units.  Commitments  arc  outstanding  for  another  9,500  units  and  applications  are 
being  processed  for  an  additional  30,000  units.  Data  obtained  from  the  Research  and 
Statistics  Division,  FHA,  Sept.  27,  1966. 

^  The  rent  supplement  program  uses  the  ordinary  channels  of  the  private  housing 
market  and  provides  assistance  through  direct  payments  of  a  portion  of  the  rent 
on  behalf  of  needy  families.  The  housing  produced  under  the  program  is  privately 
owned,  privately  constructed,  and  privately  financed  through  FHA-insured  market- 
interest-rate  loans  under  the  221(d)(3)  program.  Thus,  the  rent  supplement 
program  is  different  from  the  low-rent  public  housing  program.  Public  housing 
involves  governmental  bodies  almost  exclusively,  both  in  terms  of  financing  and 
ownership  of  the  housing,  while  the  rent  supplement  program  involves  private 
financing  and  private  ownership.  The  Federal  assistance  in  the  rent  supplement 
program  is  limited  to  payments  pursuant  to  a  precise  formula  to  private  house 
owners  on  behalf  of  tenants  who  require  these  payments  to  afford  the  market  rents. 

^*  The  original  authorization  for  a  rent  supplement  program,  Housing  and  Urban 
Development  Act  of  1965,  79  Stat.  451a  12  U.S.C.  1701  (Supp.  I,  1964)  did  not 
contain  such  a  restriction  but  it  was  imposed  by  the  Independent  Offices  Appropria- 
tion Act  of  1967,  80  Stat.  663. 

^^  Of  the  $150  million  authorized  for  the  four-year  program,  $65  million  was  au- 
thorized for  the  first  two  years  of  operation.  Congress  appropriated  $12  million  for 
the  first  year  and  $20  million  for  the  second.  First  Supplemental  Appropriation 
Act  for  1966,  79  Stat.  1133  ($12  million)  and  Independent  Offices  Appropriation 
Act  of  1967  {note  34  supra)  ($20  million). 

24 


Thus  the  practices  of  the  private  housing  industry  and  government  at 
all  levels  have  combined  to  reinforce  the  separation  of  the  poor  and  the 
nonwhite  from  middle-class  whites. 

Fiscal  Disparities 

The  trend  toward  racial  and  economic  isolation  between  city  and 
suburbs  also  has  been  reinforced  by  the  manner  in  which  schools  are 
financed.  Education,  like  many  other  governmental  functions,  is  financed 
in  large  part  from  property  taxes  levied  by  local  jurisdictions.^*^  Under 
this  system  of  financing,  the  adequacy  of  educational  services  is  heavily 
dependent  on  the  adequacy  of  each  community's  tax  base.  With  the 
increasing  loss  of  their  more  affluent  white  population,  central  cities  also 
have  suffered  a  pronounced  erosion  of  their  fiscal  capacity.  At  the  same 
time  the  need  for  city  services  has  increased,  particularly  in  the  older  and 
larger  cities.  The  combination  of  rising  costs  and  a  declining  tax  base 
has  weakened  the  cities'  capacity  to  support  education  at  levels  compa- 
rable to  those  in  the  suburbs.^^  As  the  gap  between  educational  services 
in  the  cities  and  suburbs  has  widened,  more  affluent  white  families  have 
been  afforded  further  inducement  to  leave  the  cities,  again  intensifying 
racial  and  economic  isolation  and  further  widening  the  gap. 

Part  of  the  growing  need  for  urban  services  arises  from  increasing 
poverty  and  urban  decay,  but  the  sources  of  declining  fiscal  capacity  are 
more  complex.  The  suburbanization  of  service  industries  has  left  the 
cities  with  an  increasing  proportion  of  heavy  industry  which  employs 
blue-collar,  and  often  unskilled  workers,  many  of  whom  are  Negroes. 
The  movement  of  service  industries  to  the  suburbs,  on  the  other  hand, 
not  only  has  depleted  taxable  property  in  the  cities,  but  also  has  encour- 
aged the  suburbanization  of  white-collar  workers.^^     Whites  have  no 

''Bollens  and  Schmandt,  The  Metropolis   171    (1965). 

^^  See,  generally,  Benson,  "Education  Finance  and  Its  Relation  to  School  Oppor- 
tunities of  Minority  Groups,"  prepared  for  the  U.S.  Commission  on  Civil  Rights 
(1966)   (hereinafter  cited  as  Benson  Study). 

^"^  "Even  a  conservative  view  must  anticipate  the  exodus  of  a  large  segment  of  re- 
tail and  other  nonmanufacturing  businesses  from  downtown  centers.  Abandonment 
of  these  centers  will  lead  to  a  host  of  municipal  problems  not  the  least  of  which  is  the 
loss  of  substantial  tax  base.  These  economic  developments  are  at  once  a  step  towards, 
and  a  consequence  of,  the  city-suburban  bifurcation  of  races  that  promise  to  trans- 
form many  central  cities  into  low-class  ethnic  islands."  Grodzins,  "The  Metropolitan 
Area  as  a  Racial  Problem,"  in  American  Race  Relations  Today  102  (Rabb  cd.  1962). 
"Although  central  cities  are  losing  some  manufacturing  industry  to  suburban  areas 
as  well  as  nonmetropolitan  areas,  they  have  nevertheless  maintained  the  preponderant 
share  of  the  Nation's  total  manufacturing  enterprises."  Kitagawa  and  Rogue,  Sub- 
urbanization of  Manufacturing  Activity  Within  Metropolitan  Areas  15    (1955). 

See  also  U.S.  Department  of  Labor  unpublished  study,  quoted  in  U.S.  Dept.  of 
Labor  News  Release  7359,  Aug.  15,  1966: 

"A  growing  concentration  of  new  industrial  and  commercial  building  in  suburbs 
is  intensifying  the  employment  problems  of  the  big-city  poor — especially  Negroes. 

".  .  .  between  1954-65  more  than  half  of  all  new  industrial  buildings  and  stores 
were  built  outside  the  central  cities  of  the  Nation's  metropolitan  areas. 

Foctnote  ccntinued  on  folkwing  page. 

25 


trouble  moving  to  the  suburbs,  but  housing  discrimination  and  income 
disparities  pose  barriers  for  Negroes.  Thus,  the  suburbanization  of  in- 
dustry tends  to  concentrate  more  taxable  property  and  white  families  of 
higher  income  and  higher  educational  attainment  in  the  suburbs. 

As  a  result,  central  cities  contain  an  increasingly  disproportionate  share 
of  the  poor  and  the  nonwhite  populations,  and  must  carry  heavier  finan- 
cial burdens  in  low-income  housing  and  public  assistance  programs.  In 
addition,  cities  must  spend  a  considerable  amount  of  their  total  budgets 
for  services,  such  as  fire  and  police  protection,  sanitation  and  transpor- 
tation, the  benefits  of  which  are  shared  by  non-residents.  All  these  claims 
on  city  budgets — which  are  much  less  pressing  in  most  suburbs — reduce 
the  proportion  that  can  be  allocated  to  education. ^^ 

Table  4  shows  that  cities  spend  a  third  more  per  capita  for  welfare 
and  two  times  more  per  capita  for  public  safety  than  suburbs,  while 
suburbs  spend  more  than  half  again  as  much  per  capita  for  education. 
Suburbs  spend  nearly  twice  the  proportion  of  their  total  budget  upon 
education  as  cities.  The  greater  competition  for  tax  dollars  in  cities 
seriously  weakens  their  capacity  to  support  education.  Even  though 
school  revenues  are  derived  from  property  tax  levies,  which  in  theory  are 
often  independent  of  other  principal  taxes,  city  school  authorities  must 
take  this  greater  competition  into  account  in  their  proposals  for  revenue 

Table  4. — Expenditures  for  urban  services  in  central  cities  and  suburbs,  1957 


Central  cities 

Suburbs 

Average  per  capita  expenditure  for  fire  and  police 

Proportion  of  average  general  expenditure 

$27.  5 
12.  6 

$13.  0 
7.  0 

Average  per  capita  expenditure  for  welfare 

Proportion  of  average  general  expenditure 

$18.  2 
8.  3 

$11.6 
6.2 

Average  per  capita  expenditure  for  education 

Proportion  of  average  general  expenditure 

$58.  1 
31.  3 

$85.9 
53.8 

1 

Source:  Data  on  fire,  police,  and  welfare  expenditures  (12  metropolitan  areas)  from  Brazer,  "Some  Fisca 
Implications  of  Metropolitanism"  in  J\i(<rop(i/!<a7i /ssufs;  SooaZ,  Governmental,  I- iscal  Aug.  20-30,  1961 
at  72.  Data  on  education  expenditure  (36  metropolitan  areas)  from  Sacks,  Metropolitan  Areas' 
Finances  (unpublished  manuscript  in  Commission  files)  App.  A2-1  (1966). 


"Since  the  Negro  population  is  rising  rapidly  in  the  Nation's  big  cities,  the  trend 
toward  more  business  building  in  the  suburbs  is  particularly  hard  on  Negroes. 

"This  reveals  a  long-term  tendency  for  major  sources  of  employment  to  be  located 
quite  a  distance  from  the  residence  of  workers  with  a  very  high  incidence  of  unem- 
ployment and  poverty.  As  a  result  many  residents  of  central  cities — whose  incomes 
tend  to  be  lower  than  those  of  others — will  find  travel  to  and  from  work  in  suburbs 
more  expensive  and  time-consuming." 

Grodzins,  supra  at  102.  "The  relative  immobility  of  heavy  (manufacturing) 
industry  has  the  result  of  fixing  the  laboring  and  semiskilled  groups,  including  large 
numbers  of  Negroes,  within  the  central  cities."  See  also,  Cuzzort,  Suburbanization  of 
Service  Industries  Within  Standard  Metropolitan  Areas  (1955). 

'"  Sec  Brazer,  "Some  Fiscal  Implications  of  Metropolitanism,"  reprinted  from 
Metropolitan  Issues:  Social,  Governmental,  Fiscal  (July  1962),  in  61  Brookings  In- 
stitution, 71  (1962)  and  Sacks,  Metropolitan  Area  Finances  20  (unpublished  study 
in  the  files  of  the  U.S.  Commission  on  Civil  Rights)  ( 1964) . 


26 


increases.  City  school  systems  thus  are  faced  with  increasing  needs  for 
educational  expenditures,  declining  fiscal  capacity,  and  increasing  compe- 
tition within  the  city  for  shares  of  tax  revenue. 

With  the  increasing  fiscal  pressures  on  cities,  a  relative  decline  in  their 
expenditures  for  education  compared  to  suburbs  has  been  almost  in- 
evitable. As  Table  5  shows,  the  cities  in  1 2  large  metropolitan  areas  led 
in  expenditures  for  instruction  in  1 950.  In  almost  all  cases  they  spent 
considerably  more  per  pupil  than  the  average  suburb  and  in  many  cases 
more  per  pupil  than  any  of  their  suburbs.  By  1964,  however,  these  same 
cities  had  slipped  to  the  point  where  most  were  spending  less  than  the 
suburban  average.^" 

As  the  table  indicates,  all  school  districts  have  increased  spending  on 
instruction  but  the  increase  typically  has  been  greater  in  the  suburbs. 
In  1 950,  the  per  pupil  expenditure  in  the  central  city  exceeded  the  average 
suburban  expenditure  in  10  of  the  12  metropolitan  areas.  By  1964, 
the  average  suburb  was  spending  more  than  the  central  city  in  seven  of  the 
12  metropolitan  areas. 

State  education  aid  often  does  not  help  to  close  the  gap.  State  grants 
to  assist  local  school  districts  sometimes  are  made  on  a  direct  matching 
basis,  and  often  on  the  basis  of  a  formula  designed  to  eliminate  inequities 


'"  The  figures  are  somewhat  different  for  teachers'  salaries.  As  the  table  below 
shows,  in  many  cases  teacher  salary  expenditures  per  pupil  still  are  higher  in  the 
city  than  in  the  average  suburb. 

Teacher  salary  expenditures  per  pupil 


Place 


Baltimore  City 

Suburbs 

Birmingham  City.. 

Suburbs 

Boston  City 

Suburbs 

Buffalo  City 

Suburbs 

Chattanooga  City.. 

Suburbs 

Chicago  City 

Suburbs 

Cincinnati  City 

Suburbs 

Cleveland  City 

Suburbs 

Detroit  City 

Suburbs 

New  Orleans  City- 

Suburbs 

St.  Louis  City 

Suburbs 

San  Francisco  City 

Suburbs 


Amount  per 
pupil,  1950 


$166 
122 
103 
86 
172 
162 
190 
164 
114 
115 

(') 

(') 
167 
132 
151 
148 
172 
153 
164 
106 

127 
198 
140 


Amount  per 
pupil,  1964 


$335 

345 
190 
182 
360 
390 
310 
276 
233 
217 


(' 
0) 


267 
257 
244 
292 
295 
288 
241 
208 
267 
320 
390 
298 


Percent 
change, 
1950-64 


101.8 
182.8 
84.4 
111.6 
109.3 
140.7 


63.  1 
68.3 

104.4 
88.7 

(') 

0) 

59.9 
94.6 
61.5 
97.3 
71.5 
88.2 
46.9 
96.2 


152.  0 

96.9 

112.9 


Absolute 

dollar  change, 

1950-64 


$169 
223 
87 
96 
188 
228 
120 
112 
119 
102 


(0 


100 
125 

93 
144 
123 
135 

77 
102 


193 
192 

1.58 


'  Not  avail  ible. 
Source:  Benson  Siudv  31. 


27 


Table  5. — Instructional  expenditwes  per  pupil 


Place 


Baltimore  City 

Suburbs 

Birmingham  City_. 

Suburbs 

Boston  City 

Suburbs 

Buffalo  City 

Suburbs 

Chattanooga  City.. 

Suburbs 

Chicago  City 

Suburbs 

Cincinnati  City 

Suburbs 

Cleveland  City 

Suburbs 

Detroit  City __. 

Suburbs 

New  Orleans  City.. 

Suburbs 

St.  Louis  City 

Suburbs 

San  Francisco  City 

Suburbs 


Amount  per 
pupil,  1950 


$181 
165 
116 
97 
184 
177 
213 
285 
121 
119 
181' 
197 
197 
149 
179 
162 
196 
183 
171 
108 
176 
159 
212 
159 


Amount  per 
pupil,  1964 


$346 
364 
225 
228 
401 
431 
362 
375 
280 
248 
396 
414 
340 
332 
325 
407 
363 
361 
256 
220 
323 
396 
442 
409 


Percent 

increase, 

1950-64 


91.2 
120.6 

93.9 
135.0 
117.9 
143.5 

69.9 

31.6 
131.4 
108.4 
118.7 
110.2 

72.6 
122.8 

81.5 
151.2 

85.2 

97.2 

49.7 
103.  7 

83.5 
149.  1 
108.4 
157.  2 


Absolute 

dollar  increase, 

1950-64 


$165 
199 
109 
131 
217 
354 
149 

90 
159 
129 
215 
217 
143 
183 
146 
245 
167 
178 

85 
112 
147 
237 
230 
250 


Source:  Benson  Study  at  30. 

in  expenditures  among  school  districts.^^  In  many  metropolitan  areas, 
however,  the  equahzing  effect  of  State  funds  is  only  partial.  As  Table  6 
reveals  over  the  past  15  years.  State  contributions  to  city  school  systems 
often  have  shown  a  greater  proportionate  increase  than  the  average  of 
State  grants  to  the  suburbs.  Yet  in  7  of  the  1 2  metropolitan  areas,  States 
now  are  contributing  more  per  pupil  to  the  suburban  schools  than  to 
those  in  the  cities.  In  light  of  the  generally  higher  suburban  expendi- 
tures, it  would  appear  that  the  pattern  of  State  education  aid  within 
metropolitan  areas  no  longer  fully  corresponds  to  fiscal  need.  State  aid 
programs  designed  decades  ago  to  assist  the  then  poorer  suburban  dis- 
tricts often  support  the  now  wealthier  suburbs  at  levels  comparable  to  or 
higher  than  the  cities. 

Federal  aid  to  education  had  no  consistent  equalizing  effect  before 
1965.  National  Defense  Education  Act  funds,  for  example,  have  been 
too  small  in  proportion  to  total  local  expenditures  to  have  had  any 
noticeable  impact  upon  the  city-suburban  imbalance.  Indeed,  funds 
under  that  Act  sometimes  have  gone  disproportionately  to  suburban 
schools.^-  Funds  allocated  under  legislation  to  aid  federally  impacted 
areas  never  were  intended  to  have  an  equalizing  effect.  Title  I  of  the 
1965  Elementary  and  Secondary  Education  Act,  however,  was  designed 

^'  See  generally  Benson,  The  Cheerful  Prospect  ( 1 965 ) . 

"See  Campbell  and  Bunnell,  "Differential  Impact  of  National  Programs  on  Sec- 
ondary Schools,"  1963  School  Review  476. 


28 


specifically  to  provide  additional  funds  to  those  school  systems  with  con- 
centrations of  families  in  poverty  and,  as  Table  7  shows,  these  funds  have 
had  an  equalizing  effect.  Nonetheless,  Federal  aid — which,  during  the 
1965-66  school  year,  accounted  for  less  than  8  percent  of  total  education 

Table  6. — Revenues  per  pupil  from  Stale  sources 


Place 


Amount 

per  pupil 

Percent 

Absolute  dollar 

increase, 
1950-64 

increase, 

1950-64 

1950 

1964 

$71 

$171 

140.8 

$100 

90 

199 

121.  1 

109 

90 

201 

123.3 

111 

54 

150 

177.  7 

96 

19 

52 

173.7 

33 

30 

75 

150.0 

45 

135 

284 

110.  4 

149 

165 

270 

63.  6 

105 

62 

136 

119.  4 

74 

141 

152 

7.  S 

11 

42 

154 

266.6 

112 

32 

110 

243.8 

78 

51 

91 

78.4 

40 

78 

91 

16.  7 

13 

50 

88 

76.0 

38 

39 

88 

125.  6 

49 

135 

189 

40.0 

54 

149 

240 

61.  1 

91 

152 

239 

57.  2 

87 

117 

259 

121.  4 

142 

70 

131 

87.  1 

61 

61 

143 

134.  4 

82 

122 

163 

33.  6 

41 

160 

261 

63.  1 

101 

Baltimore  City 

Suburbs 

Birmingham  City__ 

Suburbs 

Boston  City 

Suburbs 

Buffalo  City 

Suburbs 

Chattanooga  City.. 

Suburbs 

Chicago  City 

Suburbs 

Cincinnati  City 

Suburbs 

Cleveland  City 

Suburbs 

Detroit  City 

Suburbs 

New  Orleans  City_. 

Suburbs 

St.  Louis  City 

Suburbs 

San  Francisco  City 

Suburbs 


Source:  Benson  Study  at  28. 


Table  7. — Entitlevicnts  for  grants  under  title  I,  Elementary  and  Secondary  Educa- 
tion Act,  fiscal  year  1966 


Place 

Entitlements 
per  pupil  in 

average  daily 
attendance 

Place 

Entitlements 
per  pupil  in 

average  daily 
attendance 

Baltimore  City 

Suburbs 

Birmingham  City 

Suburbs 

Boston  City 

Suburbs 

Buffalo  City 

$41 
11 
31 
21 
43 
13 
78 
14 
35 
15 
66 
9 

Cincinnati  City 

Suburbs 

Cleveland  City 

Suburbs 

Detroit  City 

$39 
8 

35 
9 

44 

Suburbs 

New  Orleans  City 

Suburbs 

St.  Louis  City 

Suburbs  _ 

11 

48 

Suburbs 

Chattanooga  City 

16 
50 

7 

Chicago  City 

Suburbs 

San  Francisco  City 

Suburbs 

38 
16 

Source:  Benson  Study  at  25. 


29 


expenditures — has  not  eliminated  the  gap  between  city  and  suburban 
school  systems.*^ 

Fiscal  differentials  of  this  magnitude  have  a  measurable  impact  on  the 
tangible  quality  of  education  offered  in  city  and  suburban  schools.^* 
Suburban  schools,  in  many  cases,  have  more  library  volumes  per  student, 
markedly  smaller  classes,  more  speciahzed  teaching  staffs,  and  more  ade- 
quate facilities — such  as  those  for  teaching  science  and  languages.^^ 

Suburban  school  systems  are  able  to  select  their  teachers  from  a  much 
larger  pool  of  applicants  than  central  city  systems.  Moreover,  suburban 
teachers  tend  to  be  younger,  from  better-educated  families,  and  to  have 
had  greater  variety  in  their  prior  teaching  experience  than  those  in  the 
cities.'"^  There  is  no  consistent  evidence  that  suburban  teachers  receive 
substantially  higher  salaries/^  Other  considerations  such  as  superior 
facilities  and  lower  pupil-teacher  ratios  probably  draw  them  to  the 
suburbs.  In  addition,  the  overwhelming  majority  of  America's  teachers, 
and  of  college  students  who  intend  to  teach,  express  a  preference  for 
academically  oriented  schools — with  a  high  proportion  of  middle-class 
children.^^     Such  schools  usually  are  found  in  the  suburbs. 

Schools  inevitably  mirror  their  environment.  Within  metropolitan 
areas,  the  growing  racial  isolation  and  social  stratification  are  reflected 
in  the  schools.  All  signs — the  educational  character  and  the  racial  com- 
position of  suburban  schools,  the  preferences  of  teachers,  the  comparative 


^"Benson  Study  at  2.  When  Table  7  is  read  in  conjunction  with  Table  5,  it  can  be 
seen  that  of  the  seven  metropolitan  areas  in  which  the  average  suburb  was  spending 
more  on  instruction  per  pupil  than  the  central  city  in  1964,  aid  under  the  1965 
Elementary  and  Secondary  Education  Act  would  leave  two  central  cities  (Cleveland 
and  St.  Louis)  lagging  behind  the  average  suburb.  The  more  affluent  suburbs  would 
remain  well  ahead  of  the  central  cities  despite  the  Federal  aid. 

"  For  a  discussion  of  the  relationship  of  school  quality  to  student  achievement,  see 
ch.  3  at  92-100. 

*'  Analysis  by  the  U.S.  Commission  on  Civil  Rights  of  data  from  OE  Survey.  See 
App.  B,  vol.  II. 

*"  Analysis,  note  45  supra. 

"  For  example,  the  table  below  shows  the  salary  range  for  teachers  in  city  and 
suburban  schools  in  the  northeastern  part  of  the  Nation.     See  also  App.  B,  vol.  II. 


Percent  of  teachers  whose  salaries  are 
Below  $3,000 

Between  $3,000  and  $3,999 

Between  $4,000  and  $4,999 

Between  $5,000  and  $5,999 

Between  $6,000  and  $6,999 

Between  $7,000  and  $7,999 

Between  $8,000  and  $8,999 

Between  $9,000  and  $9,999 

$10,000  or  more 


In  the  city 

In  the  suburbs 

0.7 

0.9 

.3 

.2 

1.9 

2.4 

18.6 

24.3 

16.5 

17.9 

18.3 

18.9 

11.8 

18.1 

9.9 

9.9 

21.7 

7.0 

Analysis  by  the  U.S.  Commission  on  Civil  Rights  of  data  from  OE  Survey. 
*^  OE  Survey  167   (elementary  school  teachers),   169   (secondary  school  teachers] 
354-364  (discussion  of  findings). 


30 


levels  of  fiscal  support,  and  the  moxement  of  wealth  and  population — 
point  to  the  perpetuation  of  the  cycle  of  metropolitan  stratification  and 
isolation.  The  process  has  developed  a  momentum  of  its  own  that  can- 
not easily  be  reversed. 

Thus  the  growing  racial,  social,  and  economic  disparities  between 
cities  and  suburbs  are  reflected  in  virtually  all  facets  of  the  educational 
environment  of  city  and  suburban  schools,  and  the  disparities  in  the 
schools  in  turn  encourage  the  process  of  separation.  There  are  many 
reasons  for  the  migration  to  the  suburbs,  but  schools  play  a  significant 
part.  As  suburban  school  systems  spend  more  for  education  than  the 
cities,  recruit  more  capable  teachers,  reduce  clafes  size  and  improve  facili- 
ties, they  tend  to  attract  increasing  numbers  of  middle-income  families — 
the  overwhelming  majority  of  them  white.  Given  the  lesser  competition 
for  tax  revenues  in  the  suburbs,  they  can  spend  more  for  education  at 
lower  overall  tax  rates  than  the  cities.  Conversely,  as  cities  attempt  to 
improve  education  through  increased  local  expenditures,  they  must  raise 
property  tax  rates — already  relati\ely  high — e\'en  higher.  This  proN'ides 
a  further  inducement  for  movement  to  the  suburbs. 


Racial  Isolation  and  the  Central  City 

In  the  public  schools  of  the  central  cities  there  are  also  pronounced 
patterns  of  stratification  and  racial  isolation.  One  reason  is  the  high 
level  of  residential  segregation  common  to  all  cities  ^■' — a  product  of 
private  discrimination,  State  and  local  government  practices,  and  the 
impact  of  federally  assisted  housing  programs.  When  children  are  as- 
signed to  schools  on  the  basis  of  residential  proximity,  rigid  residential 
segregation  intensifies  racial  isolation  in  the  schools. 

Private  and  parochial  school  enrollment,  which  is  o\'erwhelmingly 
white,^°  also  is  a  significant  factor  in  the  increasing  separation  of  white 
and  Negro  school  children.  In  addition,  the  policies  and  practices  of 
city  school  systems  play  an  important  role. 

Central  City  Housing 

Residential  segregation,  now  common  to  all  major  cities  in  the  Nation, 
is  severe.  The  maps,  for  example,  show  intense  racial  concentrations  in 
Chicago,  111.,  and  St.  Louis,  Mo. 


'''  Taeuber  &  Taeuber,  Negroes  in  Cities  ( 1965) . 

""  In  1960,  of  the  more  than  4  million  pupils  enrolled  in  nonpublic  elementary  schools 
in  the  United  States,  only  140,529  were  nonuhite.     44,308  nonwhites  were  attending 
Footnote  contiiiiied  on  page  ;j.'!. 


31 


Map  1. — Percent  of  Negro  population,  in  census  tracts,  city  of  Chicago,  1960 


ESS    THAN    S  0% 


OH     -     J» ♦% 


32 


Map  2. — Percent  distribution  of  Negro  population  of  St.  Louis  by  census  tract,  1960 


LEGEND:    (in   7r's) 

0-19  I  I 

20-49  ^H 


In  large  measure  the  responsibility  for  these  concentrations  must 
be  shared,  as  in  the  exclusion  of  Negroes  from  the  suburbs,  by  the  private 
housing  industry  and  by  government.  Discriminatory  practices  of  city 
landlords,  lending  institutions,  and  real  estate  brokers  have  accentuated 
the  residential  confinement  of  Negroes.^^ 

Policies  and  practices  of  State  and  local  governments  that  have  en- 
couraged the  racial  and  economic  separation  between  cities  and  suburbs 
have  accomplished  the  same  result  within  the  cities.  Here,  too,  racial 
zoning  ordinances  and  the  judicial  enforcement  of  racially  restrictive 
covenants  have  played  a  major  role. 

Other  decisions  made  at  all  levels  of  government  also  have  contributed 
substantially  to  city  patterns  of  residential  segregation.  Local  public 
housing  authorities,  instead  of  locating  projects  on  small  sites  scattered 
throughout  the  city,  have  concentrated  them  in  large  blocks  located  in 
limited  areas  of  the  city,  frequently  in  the  sections  where  racial  concen- 


nonpublic  secondary  schools  which  had  a  total  enrollment  of  more  than  1  million. 
U.S.  Bureau  of  the  Census,  1960  Census  of  Population,  PC(2)-5A,  Table  A-1,  at  129 
(1964). 

^^  See,  e.g.,  1961  Commission  Housing  Report  2-3.  In  addition,  the  device  of 
"blockbusting"  utilized  by  some  real  estate  brokers  has  helped  to  transform  integrated 
city  neighborhoods  into  all-Negro  neighborhoods.  The  practice  of  "blockbusting" 
involves  the  deliberate  harassment  of  white  property  owners  in  integrated  neighbor- 
hoods to  induce  "panic-selling,"  generally  at  below  market  prices.  By  this  means, 
some  brokers  acquire  these  properties  at  a  low  price  and  then  resell  them  to  Negro 
families  at  in^ated  prices.  The  process  of  harassment  then  typically  continues  until 
the  neighborhood  becomes  all  Negro.  For  an  account  of  "blockbusting"  tactics,  see 
U.S.  Commission  on  Civil  Rights  7959  Report,  379-80  ( 1959). 

33 


trations  are  most  dense.'"'  Local  improvement  programs,  such  as  urban 
renewal  and  highway  construction,  have  displaced  large  numbers  of  low- 
income  nonwhite  families  who  often  have  no  alternative  but  to  relocate 
in  areas  of  existing  racial  concentrations,  thereby  intensifying  residential 
segregation.^^ 

The  Federal  Government  shares  with  State  and  local  governments 
the  responsibility  for  decisions  that  increase  residential  segregation  within 
cities.  Low-income  housing  programs,  although  carried  out  by  private 
parties  and  local  government  agencies,  usually  are  federally  subsidized, 
and  key  determinations  such  as  site  selection  are  made  with  Federal  ap- 
proval. Similarly,  local  improvement  programs  often  are  heavily  fi- 
nanced by  the  Federal  Government  and  are  subject  to  Federal  approval. 
The  Commission  has  reviewed  the  impact  on  racial  concentrations  in  the 
city,  and  in  the  city  schools,  of  three  important  Federal  programs — FHA 
221(d)  ( 3 ) ,  urban  renewal,  and  low-rent  public  housing. 

As  noted  earlier,  the  Federal  Housing  Administration's  221(d)(3) 
program  of  assisting  private  industry  in  building  rental  projects  for 
lower-  to  middle-income  families  has  been  primarily  a  central  city  pro- 
gram. In  view  of  the  high  degree  of  residential  segregation  in  cities, 
the  sites  selected  for  these  projects  can  be  important  factors  in  either 
intensifying  or  reducing  racial  concentrations.  They  often  reinforce 
existing  racial  concentrations.  Of  the  two  sites  selected  for  FHA  221(d) 
(3)  projects  in  Chicago,  for  example,  one  was  in  a  virtually  all-white 
area;  the  other  in  an  all-Negro  neighborhood.  The  projects,  now  fully 
occupied,  have  occupancies  99  percent  white  and  100  percent  Negro 
respectively.  The  elementary  schools  serving  the  projects  are  98.5  per- 
cent white  and  99.6  percent  Negro,  respectively.'^^  In  Boston,  three 
projects  recently  built  in  an  urban  renewal  area  each  have  a  nonwhite 
occupancy  of  approximately  87  percent.     During  the  1965-66  school 


"'See  pp.  36—38,  infra.     See  also  1961   Commission  Housing  Report,   112—14. 

"'  For  example,  in  St.  Paul,  Minn.,  which  is  97  percent  white,  a  freeway  eliminated 
the  housing  for  311  Negro  householders.  This  number  represented  72  percent  of  all 
the  displacement  caused  by  the  freeway,  and  it  displaced  15  percent  of  the  city's  Negro 
housing.  Furthermore,  only  35  percent  of  those  displaced  Negro  householders  who 
sought  housing  outside  the  ghetto  obtained  it,  while  all  the  displaced  white  householders 
who  sought  such  housing  obtained  it.  Davis,  "The  Effects  of  a  Freeway  Displacement 
on  Racial  Housing  Segregation  in  a  Northern  City,"  1965  Phylon,  209-15.  See  also 
the  account  of  a  Negro  resident  of  Cleveland  who  was  displaced  to  make  room  for 
Interstate  Highway  71.  Cleveland  Hearing,  175-79.  For  a  discussion  of  the  impact 
of  urban  renewal  in  displacing  nonwhite  families,  see  pp.  35-36,  infra. 

■■'  The  projects  are  the  Barry  Avenue  Apartments,  99  percent  white,  and  Englewood 
Manor,  100  percent  Negro.  The  schools  serving  the  former  are  Nettlchorst  (ele- 
mentary, 98.5  percent  white)  and  Lakeview  (high  school,  95  percent  white).  The 
schools  attended  by  children  living  in  Englewood  Manor  are  Deneen  (elementary, 
99.6  percent  Negro),  Parker  (high  school,  99.9  percent  Negro).  School  enrollments 
are  for  1965-66.  Interviews  with  Ernest  C.  Stevens,  Executive  Director,  and  Napoleon 
P.  Dotson,  Intergroup  Relations  Adviser,  Chicago  FHA  Insurance  Office,  Sept.  20 
and  29,  1966. 

34 


year,  the  schools  serving  the  project  children  ranged  from  91  to  100 
percent  nonwhite.^^ 

The  Federal  Housing  Administration,  which  has  the  responsibility  for 
administering  the  program,  states  that  it  "examines  carefully  the  site 
on  every  multifamily  housing  project  which  it  insures,  and  particularly 
with  respect  to  221(d)(3)  projects."  °"  FHA's  concern,  however,  is 
limited  to  economic  feasibility.  It  does  not  base  its  decisions  upon  the 
impact  a  proposed  221  (d)  (3)  project  may  have  on  the  racial  composi- 
tion of  the  neighborhood  or  the  schools.^ ' 

The  main  impact  of  urban  renewal  on  residential  patterns  and  racial 
composition  of  the  public  schools  is  through  the  relocation  of  families 
it  displaces.''*^  More  than  60  percent  of  the  families  displaced  since  1949 
whose  color  is  known  are  nonwhite. ''"*  The  Department  of  Housing  and 
Urban  Development,  which  administers  the  program,  sets  certain  stand- 
ards of  safety,  sanitation,  and  costs  to  assure  that  the  new  homes  of 
families  and  individuals  who  will  be  displaced  will  be  adequate  and 
within  their  means.  But  the  Department  does  not  look  into  each 
relocation  plan  to  determine  the  impact  of  relocation  in  intensifying  or 
reducing  racial  concentrations.""  Neither  does  it  determine  the  impact 
of  relocation  on  the  racial  composition  of  schools.^^ 

■'"  The  three  projects  are  Academy  Homes,  Clarksdale  Gardens  and  Charlame  Park 
Homes.  Interview  with  Richard  K.  Tyrrell,  Deputy  Director,  and  James  A.  Feely, 
Chief  Underwriter,  Boston  FHA  Insuring  Office,  Aug.  19,  1966.  The  schools  serving 
these  projects  are  W.  L.  P.  Boardman,  David  A.  Ellis,  Ellis  Annex,  Julia  Ward  Howe, 
and  Libby  Nay.  Interview  with  Charles  Q.  Lynch,  Director  of  Statistics  for  the 
Boston  School  Committee,  Sept.  29,  1966. 

""  Memorandum  from  P.  N.  Brownstein,  Assistant  Secretary-Commissioner,  FHA, 
Aug.  26,  1965,  forwarded  to  ttie  Commission  by  Hon.  Robert  C.  Weaver,  Secretary, 
Department  of  Housing  and  Urban  Development,  in  response  to  a  series  of  questions 
related  to  policies  and  practices  of  that  Department  (hereinafter  cited  as  Weaver 
Letter  Enclosures) . 

"'  Ibid. 

^  The  urban  renewal  program  also  affects  racial  concentrations  through  the  reuse 
of  urban  renewal  project  land.  In  1964,  the  then  Urban  Renewal  Administration 
claimed  that  "Some  60  percent  of  all  dwelling  units  on  project  land  disposed  of  during 
the  year  ending  in  mid- 1964  was  within  the  reach  of  low-  and  middle-income 
families.  .  .  ."  HHFA  18  Ann.  Rep.  323  (1964).  By  the  end  of  1965,  however, 
only  some  84,000  dwelling  units  had  actually  been  provided  on  urban  renewal  land 
since  the  inception  of  the  program.  During  the  same  period  more  than  333,000 
dwelling  units  were  demolished  through  urban  renewal.  Thus  the  program  has 
demolished  three  times  as  many  homes  as  it  has  produced.  Statistics  provided  by  the 
Office  of  Program  Planning,  Renewal  Assistance  Administration,  Department  of  Hous- 
ing and  Urban  Development,  Sept.  28,  30,  and  Oct.  10,  1966. 

""  Data  obtained  from  the  Office  of  Program  Planning,  Renewal  Assistance  Adminis- 
tration, Department  of  Housing  and  Urban  Development,  note  58  supra. 

""  Memorandum  from  Madison  S.  Jones,  Director,  Office  of  Relocation  and  Rehabili- 
tration,  Renewal  Assistance  Administration,  dated  Aug.  24,  1966,  {Weaver  Letter 
Enclosures) . 

"^^  Ibid.  In  March  1966,  the  then  Urban  Renewal  Administration  announced  the 
following  policy:  "All  local  public  agencies  carrying  out  relocation  activities  .  .  . 
shall  maintain  lists  of,  and  refer  families  and  individuals  to,  only  housing  which  is 
available  on  a  nondiscriminatory  basis."    Local  public  agency  letter  No.  364,  Mar.  17, 

Footnote  continued  on  following  page. 

35 


In  a  number  of  cities,  urban  renewal  has  intensified  existing  racial 
residential  concentrations.  In  Cleveland,  for  example,  four  urban  re- 
newal projects  displaced  1,300  families.  Fully  1,100  of  them  were  non- 
white,  and  88  percent  of  the  nonwhite  families  relocated  in  areas  already 
more  than  50  percent  nonwhite.^-  The  impact  upon  schools  is  equally 
pronounced.  In  Boston,  two  schools  located  near  an  urban  renewal  area 
were  30  and  50  percent  nonwhite,  respectively,  in  1960.  After  clearance 
and  relocation  (between  1962  and  1964),  25  percent  of  the  families 
displaced  relocated  in  the  general  area  served  by  the  two  schools.  By 
1964  the  schools'  nonwhite  enrollment  had  risen  to  53  percent  and  87 
percent,  respectively.®^ 

By  far  the  most  important  Federal  housing  program,  in  terms  of  its 
impact  on  central  city  residential  segregation,  is  low-rent  public  housing. 
For  almost  30  years  it  has  been  the  primary  source  of  standard  housing 
for  the  urban  poor.  In  many  cities.  North  and  South,  public  housing 
projects  have  been  segregated  by  race,  sometimes  by  official  policy.*^* 
Although  racial  segregation  in  public  housing  projects  through  overt 
Government  policy  now  is  rarely  found,  projects  in  Northern  cities  still 
are  frequently  nearly  all-white  or  nearly  all-Negro."' 

The  Department  of  Housing  and  Urban  Development,  which 
administers  this  program,  is  concerned  about  the  impact  of  each  project 


1966.  This  policy,  however,  affects  only  listings  and  referrals  during  the  execution 
phase  of  the  project,  and  does  not  relate  to  housing  that  a  local  public  agency  may 
use  for  relocation  resource  purposes.  Thus,  a  local  public  agency  may  satisfy  the 
Department  that  there  is  adequate  relocation  housing  available,  without  regard  to 
whether  this  housing  is  in  fact  available  on  a  nondiscriminatory  basis.  The  Depart- 
ment's policy  means  only  that  the  local  public  agency,  in  assisting  displaced  families 
in  securing  relocation  housing,  may  only  refer  them  to  housing  available  on  a  non- 
discriminatory basis.  This  may  well  mean  "Negro  housing"  in  "Negro  neighbor- 
hoods." Although  this  new  policy  requirement  has  not  yet  had  a  demonstrable  effect, 
it  may  well  result  in  intensifying  racial  concentrations  rather  than  contributing  to 
open  occupancy.  In  no  case  does  the  Department  insist  that  the  operation  of  the 
urban  renewal  program  must  result  in  reducing  concentrations  of  nonwhites  in  the 
community  or  in  the  schools. 

"'  Cleveland  Hearing,  at  706-7. 

"■^  Interview  with  Anthony  Galeota,  chief  structural  engineer  of  the  Boston  School 
Committee,  Aug.  18,  1966.  The  project  is  Washington  Park.  The  schools  are  Sara 
Greenwood  and  William  Endicott.  A  substantial  increase  in  the  enrollment  of  these 
schools  has  resulted  in  the  need  to  bus  children  out  of  the  school  because  of 
overcrowding. 

"  In  San  Francisco  and  Detroit,  for  example,  governmentally  enforced  segregation 
in  public  housing  was  practiced  well  into  the  1950's.  See  Banks  v.  Housing  Au- 
thority, 260  P.  2d  668  (1st  Dist.  Ct.  App.  Calif.  1953),  cert,  denied  347  U.S.  974 
(1954);  Detroit  Housing  Comm'n  v.  Lewis,  226  F.  2d  180  (6th  Cir.  1955),  where 
such  segregation  was  held  unconstitutional. 

*■'  In  Cleveland,  for  example,  of  the  1 1  public  housing  projects  in  the  city,  4  are 
more  than  90  percent  white  and  3  are  90-100  percent  Negro.  Cleveland  Hearing, 
at  157. 

36 


on  schools  and  on  neighborhood  racial  concentrations.^*'  Nonetheless, 
public  housing  often  has  intensified  racial  concentrations  in  central  city 
schools.^^ 

In  San  Francisco,  for  example,  six  projects  totaUng  more  than  2,300 
units,  each  predominantly  Negro,  are  grouped  on  one  piece  of  land  called 
Hunter's  Point.  The  schools  in  the  area  that  serve  the  housing  projects 
all  are  more  than  90  percent  Negro.*'^     In  Cincinnati,  two  nearby 

*"  For  example,  the  Department  requires  information  on  the  adequacy  (but  not  the 
racial  composition)  of  schools  that  will  serve  each  project  and  attempts  to  determine 
the  probable  racial  composition  of  a  proposed  public  housing  project,  and  the  pro- 
posed project's  impact  on  the  racial  composition  of  the  neighborhood  or  the  impact 
of  the  racial  composition  of  the  neighborhood  on  the  proposed  project.  Information 
supplied  in  memorandum  from  Housing  Assistance  Administration,  Weaver  Letter 
Enclosures,  table  A  at  4. 

"  Secretary  Weaver  informed  the  Commission:  "HUD  makes  no  attempt  to  assess 
the  racial  impact  of  a  proposed  public  housing  project  on  the  composition  of  the 
schools  serving  the  area,  unless  this  evaluation  arises  as  part  of  the  delineation  of  the 
impact  of  the  proposed  project  on  the  neighborhood  and  its  facilities  as  a  whole. 
The  racial  composition  of  surrounding  schools  may  or  may  not  be  known  to  HUD 
reviewers."  Information  supplied  in  memorandum  from  Housing  Assistance  Admin- 
istration (  Weaver  Letter  Enclosures) .  It  is  not  clear  whether  HUD  has  any  meaning- 
ful policy  regarding  the  impact  of  site  selection  on  racial  concentrations  in  public 
housing  projects.  In  1962,  shortly  after  the  Executive  Order  of  Equal  Opportunity 
in  Housing  was  issued,  the  General  Counsel  of  what  was  then  the  Public  Housing  Ad- 
ministration ruled  that  "the  mere  fact  that  a  project  is  divided  into  two  or  more 
separate  sites  in  'white'  and  'nonwhite'  neighborhoods  would  not  of  itself  constitute  a 
violation  [of  the  Order],  so  long  as  all  eligible  applicants  were  given  an  equal  op- 
portunity to  choose  which  site  they  preferred.  .  .  ."  Memorandum  from  Joseph 
Burstein,  Legal  Division,  Public  Housing  Administration,  to  Walter  A.  Simon,  Direc- 
tor, Philadelphia  Regional  Office  re:  "Executive  Order  11063,  Equal  Opportunity 
in  Housing,  relationship  of  Public  Housing  Administration  contractual  requirement 
to  site  selection,"  Dec.  21,  1962.  In  1965,  following  enactment  of  the  1964  Civil 
Rights  Act,  the  PHA  manual  was  revised  to  contain  the  following  provision: 
"The  aim  of  a  local  authority  in  carrying  out  its  responsibility  for  site  selection 
should  be  to  select  from  among  otherwise  available  and  suitable  sites  those  which  will 
afford  the  greatest  acceptability  to  eligible  applicants  regardless  of  race,  color,  religion, 
or  national  origin."  PHA  Low-Rent  Housing  Manual,  sec.  205,  1,  p.  7  (1965)  [em- 
phasis added].  In  response  to  a  complaint  that  proposed  public  housing  projects  in 
Chicago  were  being  located  in  the  Negro  ghetto,  the  then  Public  Housing  Commis- 
sioner explained  that  most  Negroes  on  the  waiting  list  indicated  a  preference  for  living 
in  that  area.  The  Commissioner  concluded  "the  acceptability  of  .  .  .  locations  to 
eligible  applicants  is  clearly  demonstrated  by  the  applicant's  own  designations  of 
locations  in  which  they  prefer  to  live."  Letter  from  Marie  C.  McGuire,  Commis- 
sioner of  Public  Housing,  to  the  Reverend  S.  Jerome  Hall,  Oct.  14,  1965;  made 
available  to  the  Commission  by  Joseph  Burstein,  General  Counsel,  Public  Housing 
Administration,  on  Nov.  15,  1965,  with  a  covering  memorandum  indicating  that  the 
Commissioner's  letter  embodies  Mr.  Burstein's  legal  opinion  on  the  meaning  of  sec. 
205.1  (g)  of  the  Low-Rent  Public  Housing  Manual. 

"^  The  projects  are  Ridge  Point  and  Navy  Point  (war  housing,  1,316  units,  72  per- 
cent Negro),  Hunter's  View  (349  units,  90  percent  Negro),  Hunter's  Point  (317  units, 
94  percent  Negro),  Hunter's  Point  Addition  (100  units,  93  percent  Negro),  and 
Harbor  Slope  (226  units,  90  percent  Negro).  The  schools  are  Hunter's  Point  Ele- 
mentary School  No.  1  (94  percent  Negro),  Hunter's  Point  Elementary  School  No.  2 
(95  percent  Negro),  Sir  Francis  Drake  Elementary  School  (94  percent  Negro),  and 
Jedediah  Smith  and  Annex  (90  percent  Negro).  Project  information  from  lists 
received  from  SFHA  and  HA  A  June  30,  1966.  See  also  interviews  with  Evan  Lane, 
Director,  SFHA,  on  Sept.  22,  1966,  and  with  Dr.  Harold  Spears,  Superintendent  of 
Schools  of  San  Francisco,  Sept.  21,  1966. 

37 

243-637  0—67 4 


projects — Lincoln  Court  and  Laurel  Homes — total  almost  2,300  units. 
Together  the  projects  are  99.7  percent  nonwhite,  and  house  2,616  school- 
age  children.  Schools  serving  the  development,  many  of  them  built 
specifically  for  that  purpose,  are  all  predominantly  nonwhite.^'' 

The  most  extreme  example,  perhaps,  is  Robert  Taylor  Homes,  a  pro- 
ject in  Chicago.  Opened  in  1961-62,  it  contains  4,415  units,  75  percent 
of  them  designed  for  large  families.  Of  the  28,000  tenants,  some  20,000 
are  children.'"  The  entire  occupancy  is  Negro  and  schools  were  built  in 
the  area  to  serve  the  project  alone.  Indeed,  classes  for  lower  grades  are 
conducted  in  project  units,  by  agreement  between  the  school  board  and 
the  housing  authority,  as  a  way  to  relieve  overcrowding  in  the  nearby 
schools.'^ 

The  self-reinforcing  nature  of  residential  segregation  is  an  additional 
factor.  Along  with  the  actions  of  the  housing  industry  and  Government, 
individual  choice  undoubtedly  contributes  to  the  creation  and  mainte- 
nance of  residential  segregation.  The  importance  of  such  choice  is 
hard  to  assess  because  the  housing  market  has  not  been  open,  and  housing 
choice  has  not  been  free.  Nonetheless,  established  residential  patterns  are 
difficult  to  reverse.  Many  Negroes  and  whites  have  become  accustomed 
to  prevailing  residential  patterns.  If  the  housing  market  were  open  so 
that  housing  choice  could  be  exercised  freely,  there  is  some  question 
whether  there  would  be  immediate  significant  changes  in  racial  patterns 
of  residence. 

Nonpublic  Schools 

Private  and  parochial  school  enrollment  also  is  an  important  factor 
in  the  increasing  concentration  of  Negroes  in  city  school  systems.  Non- 
public school  enrollment  constitutes  a  major  segment  of  the  Nation's 
elementary  and  secondary  school  population.  Nationally,  about  one- 
sixth  of  the  total  1960  school  enrollment  (Grades  1  to  12)  was  in  private 
schools.'-  In  metropoHtan  areas  the  proportion  is  slightly  higher,  and 
divided  unevenly  between  city  and  suburb.'^  Nearly  one-third  more 
elementary  school  students  in  the  cities  attend  nonpublic  schools  than 


""  For  information  on  Laurel  Homes  and  Lincoln  Court,  see  HUD,  Low-Rent 
Project  Directory,  Dec.  31,  1965.  The  racial  composition  of  the  schools  serving 
these  projects,  was  obtained  in  interviews  with  Robert  Curry,  Assistant  Superintendent 
of  Schools  in  Cincinnati;  Joseph  Beckman,  Assistant  Superintendent  for  School  Build- 
ing and  Planning,  and  other  Cincinnati  school  officials,  Aug.  31,  1966,  and  interviews 
with  John  Allen,  Director,  and  Ronald  Smith,  Relocation  Officer,  Cincinnati  Depart- 
ment of  Urban  Development,  Aug.  26,  1966. 

'"  Chicago  Housing  Authority,  Annual  Statistical  Report,  Dec.  1965. 

"  Interview  with  Alex  Rose,  executive  director,  Chicago  Housing  Authority,  Sept.  13, 
1966. 

''•  U.S.  Bureau  of  the  Census,  1960  Census  of  Population,  School  Enrollment, 
Table  A-1,  at  129  (1964). 

'"U.S.  Bureau  of  the  Census,  1960  Census  of  Population:  U.S.  Summary,  PS(1)- 
IC,  Table  101,  at  1-239  (1964). 

38 


in  the  suburbs."^  Almost  all  of  them  are  white. "^  In  the  larger  metro- 
politan areas  the  trend  is  even  more  pronounced.  As  Table  8  shows, 
a  much  higher  proportion  of  white  city  students  than  white  suburban 
students  attend  private  and  parochial  elementary  schools.  Nonwhites  in 
these  metropolitan  areas,  whether  in  cities  or  suburbs,  attend  public 
schools  almost  exclusively. 


Table  8. — Proportion  of  total  elementary  students,  by  race, 
schools,  for  15  large  metropolitan  areas, 

in  public  and   nonpublic 
1960 

Central  cities 

Suburbs 

Wliite 

Nonwliite 

White 

Nonwliite 

Public 

Nonpublic 

61 
39 

94 
6 

75 
24 

97 

o 
O 

Source:  Taueber,  Tables  on  School  Enrollmcntin  Selected Mdropolitan Areas, xtrepaxadtOT theComiaission 

Thus  nonpublic  schools  absorb  a  disproportionately  large  segment  of 
white  school-age  population  in  central  cities,  particularly  in  the  larger 
ones.  This  poses  serious  problems  for  city  school  systems.  In  St.  Louis, 
for  example,  40  percent  of  the  total  white  elementary  school  population 
attended  nonpublic  schools  in  1965;  in  Boston,  41  percent;  in  Phila- 
delphia, more  than  60  percent.''' 


Educational  Policies  and  Practices 

Although  residential  patterns  and  nonpublic  school  enrollment  in  the 
Nation's  cities  are  key  factors  underlying  racial  concentrations  in  city 
schools,  the  policies  and  practices  of  school  systems  also  have  an 
impact.  These  policies  and  practices  are  seldom  neutral  in  effect.  They 
either  reduce  or  reinforce  racial  concentrations  in  the  schools. 

Underlying  all  policy  and  practice  is  the  method  that  the  school 
system  uses  in  determining  which  children  particular  schools  shall  serve. 
While  there  are  exceptions  and  variations,  the  method  most  commonly 
used  in  city  school  systems  is  that  of  geographical  attendance  zoning. 

'*  Ibid. 

"*  See  note  50  supra. 

'*  For  data  on  St.  Louis  parochial  and  public  schools,  see  Semmell,  Report  on  and 
Investigation  of  Racial  Isolation  in  St.  Louis  Public  Elementary  and  Secondary 
Schools,  App.,  Tables  P-1,  P-2,  P-11,  P-13,  P-14  (1966),  prepared  for  the  U.S. 
Commission  on  Civil  Rights — hereinafter  cited  as  St.  Louis  Study.  Data  on  pri- 
vate secular  schools  not  included.  Boston  College,  Race  and  Education  in  Boston, 
prepared  for  the  U.S.  Commission  on  Civil  Rights — hereinafter  cited  as  Boston 
Study.  For  data  on  Philadelphia  parochial  schools,  see  University  of  Pennsylvania, 
Philadelphia  School  Study:  Racial  Isolation,  Achievement  and  Post-School  Perform- 
ance App.,  Table  36  (1966)  prepared  for  the  U.S.  Commission  on  Civil  Rights — 
hereinafter  cited  as  Philadelphia  Study.  For  data  on  Philadelphia  public  school 
enrollment,  see  School  District  of  Philadelphia,  A  Statistical  Study  of  the  Distribution 
of  Negro  Pupils  in  the  Philadelphia  Public  Schools.  Jan.  3,  1966. 

39 


The  Development  of  Northern  Attendance  Patterns 

America's  schools  exhibit  a  variety  of  attendance  patterns.  In  most 
rural  and  many  suburban  areas,  students  attend  school  some  distance 
from  their  homes.  During  the  last  three  decades  there  has  been  a  trans- 
formation of  rural  and  suburban  education,  with  large  consolidated 
school  districts  and  centralized  schools  replacing  smaller  districts  and 
schools. ^^  In  some  cases  students  are  transported  considerable  distances 
to  school.  Indeed,  more  than  one-third  (15.5  million)  of  the  Nation's 
pubUc  school  children  rode  buses  to  school  during  the  1963-64  school 
year."^ 

The  reverse  of  this  pattern  has  occurred  in  most  of  the  Nation's  cities. 
As  population  densities  have  increased,  urban  school  attendance 
areas  have  shrunk.  During  the  earlier  part  of  this  century  the  attendance 
areas  of  city  schools  often  encompassed  much  more  territory  and  served  a 
more  diversified  student  population  than  at  present.  As  one  prominent 
educator  has  pointed  out : 

Most  men  and  women  over  40  recall  a  childhood  schooling  in 
which  the  sons  and  daughters  of  millowners,  shop  proprietors,  pro- 
fessional men,  and  day  laborers  attended  side  by  side.  School 
boundaries,  reaching  out  into  fields  and  hills  to  embrace  the  pupil 
population,  transcended  such  socio-economic  clusterings  as  ex- 
isted.^^ 

For  example,  in  Cleveland,  Ohio,  in  the  1920s,  the  schools  in  the 
central  area  of  the  city  served  a  variety  of  ethnic  groups  including,  but 
not  limited  to,  Negroes.®°  In  recent  decades,  however,  the  enrollment 
in  neighborhood  schools  has  become  socially  and  racially  more  homo- 
geneous.*^ The  development  of  smaller,  more  rigidly  applied  geo- 
graphical attendance  areas  has  paralleled  the  increase  in  residential 
segregation  and  made  racially  mixed  schools  a  rarity. 

At  the  same  time,  the  meaning  of  "neighborhood"  has  changed. 
Recent  developments  in  the  pattern  of  urban  life — rapid  population 
shifts  and  the  growing  distances  city  residents  travel  for  recreation, 
business,  and  shopping — have  diffused  traditional  neighborhood  pat- 
terns. Traditional  neighborhoods — self-contained,  cohesive  communi- 
ties— do  not,  in  fact,  appear  to  be  the  basis  for  neighborhood  attendance 


"U.S.  Office  of  Education,  Statistical  Summary  of  State  School  Systems  1963-64, 
4  (1965). 

"U.S.  Office  of  Education,  Statistics  on  Pupil  Transportation    1963-64    (1965). 

■Mpp.  2)2.2  at  260. 

'Tierman,  The  Negro  in  Cleveland  Education,  June  1941;  (unpublished  Master's 
Thesis  in  the  Western  Reserve  University  Library). 

"  See,  e.g.,  Havighurst,  "Urban  Development  and  the  Educational  System,"  in 
Education  in  Depressed  Areas,  34—36  (Passowed.  1963). 


40 


policy.  Instead,  the  common  rationale  for  neighborhood  attendance 
rests  more  on  convenience.  Under  State  laws,  school  administrators 
seek  to  establish  school  attendance  areas  for  the  greatest  convenience 
of  students.""  Attendance  areas  commonly  are  defined,  not  by  the  bound- 
aries of  communities,  but  by  reference  to  population  density,  the  size  of 
schools  and  geographic  barriers  such  as  highways  and  railroads. 

In  almost  ever)-  city  the  size  of  attendance  areas  has  grown  smaller 
during  recent  years  not  because  of  decisions  that  it  is  necessary  today  for 
children  to  attend  schools  closer  to  their  homes  than  in  the  past,  but  rather 
as  a  result  of  increasing  population  density.  Even  today,  the  size  of  at- 
tendance areas  varies  widely  not  only  among  cities,  but  within  the  same 
city.  In  Oakland,  Calif.,  for  example,  some  elementary  school  attend- 
ance areas  are  as  much  as  1 0  times  the  size  of  others.®^ 

Nor  are  attendance  areas  invariably  determined  by  specific  guidelines 
concerning  the  optimum  size  of  schools.  School  size  also  varies  widely 
within  particular  cities.  In  Chicago,  for  example,  elementary  schools 
range  in  size  from  93  to  2,539  students.^' 

Thus  school  attendance  areas  are  prescribed,  not  by  any  rigid  for- 
mulas, but  through  the  exercise  of  broad  discretion  by  school  authorities 
who  must  decide  where  to  locate  schools  and  boundaries.  Decisions  once 
made,  moreover,  must  be  revised  constantly.  As  the  population  of  a 
city  grows  or  shifts  from  one  area  to  another,  some  schools  become  over- 
crowded and  others  underutilized.  School  authorities  must  determine 
whether  they  can  best  relieve  overcrowding  by  building  new  schools  or 
by  redistributing  the  school  population  among  existing  schools.  If  they 
elect  to  build  new  classrooms,  they  must  decide  whether  to  enlarge  exist- 
ing schools  or  select  new  sites.  If  they  decide  to  redistribute  pupils 
among  existing  school  facilities,  they  must  determine  whether  to  redraw 
boundaries  or  make  an  exception  to  the  policy  of  geographic  assign- 
ment— for  example,  by  providing  for  the  transportation  of  students  to 
schools  outside  their  attendance  areas. 

Such  discretionary  decisions  of  school  authorities  frequently  have  the 
efTect  either  of  intensifying  or  lessening  racial  segregation  in  the  schools. 
In  a  few  Northern  cities  these  decisions  have  been  made  with  the  purpose 
and  effect  of  reducing  racial  concentrations.  Frequently,  however,  the 
effect  has  been  to  increase  segregation.     In  some  cases,  the  decisions 


--  "The  board  of  education  of  each  city,  exempted  village,  and  local  school  district 
shall  provide  for  the  free  education  of  the  youth  of  school  age  within  the  district 
under  its  jurisdiction,  at  such  places  as  will  be  most  convenient  for  the  attendance 
of  the  largest  number  thereof."  See,  e.g.,  Ohio  Rev.  Code,  sec.  3313.48  (1960). 
(See  also  Mass.  Gen.  Laws  ch.  71,  sec.  68  (1964) 

*'  Dumbarton  Research  Council,  Race  and  Education  in  the  City  of  Oakland, 
prepared  for  the  U.S.  Commission  on  Civil  Rights,  Map  1,  p.  22  (1966)  (hereinafter 
cited  as  Oakland  Study). 

^  Chicago  Public  Schools,  Survey  of  Students,  Oct.  8,  1965.  Clark  Branch  of  Key 
in  District  No.  4  had  93  pupils,  Jenner  in  District  No.  7  had  2,539  in  1965. 

41 


clearly  have  been  made  for  that  very  purpose.    In  others,  while  purpose- 
ful segregation  is  not  apparent,  the  effect  has  been  the  same.^^ 

Purposeful  Segregation 

Purposeful  segregation  by  administrative  action  is  not  always  easy  to 
detect.  Nonetheless,  such  segregation  in  the  form  of  gerrymandering 
has  been  found  to  have  occurred  in  a  few  Northern  cities,  as  recent 
court  decisions  in  New  Rochelle,  N.Y.,-'^  and  Hillsboro,  Ohio,^'  attest. 

These  cases  appear  to  be  the  legacy  of  an  era,  only  recently  ended  in 
some  places  in  the  North,  when  laws  and  policies  explicitly  authorized 
segregation  by  race.  State  statutes  authorizing  separate-but-equal  public 
schools  were  on  the  books  in  Indiana  until  1949,  in  New  Mexico  and 
Wyoming  until  1954,  and  in  New  York  until  1938.'^  Other  Northern 
States  authorized  such  segregation  after  the  Civil  War  and  did  not  repeal 
their  authorizing  statutes  until  early  in  the  20th  century.^^ 

In  New  Jersey,  separate  schools  for  Negroes  were  maintained  well  into 
the  20th  century  despite  an  1881  statute  prohibiting  the  exclusion  of 
children  from  schools  on  the  basis  of  race."*'  In  1923,  the  State  Com- 
missioner of  Education  ruled  that  local  school  authorities  could  provide 


^  A  number  of  studies  and  reports  have  explored  school  system  practices  which 
have  had  the  effect  of  rein''orcine;  racial  isolation.  See  e.g.,  National  Association  of 
Intergroup  Relations  Officials,  Public  School  Segregation  and  Integration  in  the 
North  (1963);  Advisory  Panel  on  Integration  of  the  Public  Schools  of  Chicago, 
Report  to  the  Board  of  Education  (1964)  ;  Dodson,  Racial  Issues  in  Public  Educa- 
tion in  Orange,  New  Jersey  (1962)  ;  Committee  on  Race  and  Education,  Race  and 
Equal  Educational  Opportunity  in  Portland's  Public  Schools,  1964;  Citizens  Advisory 
Committee  of  the  Board  of  Education  of  Detroit,  Equal  Educational  Opportunities 
(1962). 

*"  In  New  Rochelle,  N.Y.,  gerrymandering  of  the  attendance  boundaries  for  the  pre- 
dominantly Negro  Lincoln  Elementary  School  began  in  1930.  An  all-white  irregular 
corridor  was  carved  out  of  the  Lincoln  zone  and  placed  in  an  adjacent  all-white  zone. 
In  the  years  that  followed,  the  Negro  population  expanded  and  the  boundary  lines  for 
the  Lincoln  School  were  extended  to  contain  the  Negro  children  within  the  Lincoln 
zone.  In  1961,  the  courts  held  this  practice  to  be  a  violation  of  the  14th  amendment. 
Taylor  v.  Board  of  Education,  191  F.  Supp.  181  (S.D.N.Y.),  aff'd  294  F.  2d  36  (2d 
Cir. ) ,  cert,  denied,  368  U.S.  940  ( 1 96 1 ) . 

"  In  Hillsboro,  Ohio,  separate  schools  for  Negroes  and  whites  had  been  maintained 
by  school  authorities  on  an  informal  basis  until  1954,  even  though  State  law  forbade 
racially  separate  schools.  In  1954,  seven  Negro  children  registered  in  the  white 
elementary  schools.  The  schools  were  closed  for  several  days  and  the  school  board 
established  the  citv's  first  geographical  attendance  areas.  When  the  schools  reopened, 
the  seven  Negro  children  had  been  assigned  to  the  Lincoln  Elementary  School,  which 
was  all-Negro.  The  attendance  zone  established  for  Lincoln  consisted  of  two 
separate,  noncontiguous  areas,  and  the  school  itself  was  not  located  within  its 
own  attendance  area.  Several  Negro  students  had  to  walk  past  a  white  school  on 
their  wav  to  Lincoln.  Here,  too,  the  courts  found  this  practice  to  be  in  violation 
of  the  Constitution,  demons  v.  Board  of  Education,  228  F.  2d  853  (6th  Cir.),  cert, 
denied,  350  U.S.  1006  (1956).  For  further  discussion,  see  Legal  Appendix  infra  at 
219. 

^  Mangum,  The  Legal  Status  of  the  Negro,  81  ( 1940) . 

*"  Stephenson,  Race  Distinctions  in  American  Law,  77-88  (1910). 

^  Wright,  The  Education  of  Negroes  in  New  Jersey,  167-168  (1941 ). 

42 


special  schools  for  Negroes  in  their  residential  areas,  and  allow  the 
transfer  of  white  students  from  these  schools  to  white  schools."^  The 
ruling  was  reaffirmed  in  1930."-  As  late  as  1940,  there  were  at  least  70 
separate  schools  for  Negroes  in  New  Jersey.''" 

In  Illinois,  although  an  1874  statute  prohibited  the  exclusion  of  stu- 
dents from  schools  on  the  basis  of  race,  at  least  seven  counties  maintained 
separate  schools  for  Negro  children  as  late  as  1952  and  assigned  teachers 
and  principals  on  a  racial  basis.  The  State  Superintendent  of  Educa- 
tion had  a  Negro  assistant  whose  responsibilities  included  supervising 
the  State's  separate  Negro  schools.'"  In  the  1930's  Chicago  maintained 
a  high  school  called  "Phillips  High  School  for  Negroes."  ^'' 

In  Ohio,  well  into  the  1950's,  there  were  cities  which  maintained 
separate  schools  for  Negro  students.'"'  In  Cincinnati,  between  the  Re- 
construction Era  and  1955,  the  school  system  operated  city  wide  "volun- 
tary" schools,  which  in  1950  were  attended  by  about  one-third  of  the 
Negro  elementary  students."'    The  teaching  staff  also  was  segregated."^ 


"'/rf.  at  192.     The  ruling  stated  that: 

"The  board  of  education  has  furnished  these  colored  children  proper  facilities. 
It  has  designated  the  school  at  which  they  shall  attend  and  has  furnished  them 
with  a  regularly  licensed  teacher.  It  therefore  has  acted  entirely  within  its  lawful 
duties  and  has  exercised  only  its  just  powers.  It  docs  not  matter  that  the  board 
has  designated  the  Fairview  School  as  a  colored  school  and  has  given  it  such  a 
name.  ...  It  is  no  discrimination  under  the  school  law  for  a  board  of  education 
to  make  such  distribution  of  the  children  in  the  different  schools  of  the  school 
district  as  in  its  judgment  shall  seem  best  to  meet  all  the  requirements  of  the  school 
laws." 

"-  Ibid. 

"'  Id.  at  V. 

"*  Ming,  "The  Elimination  of  Segregation  in  the  Public  Schools  of  the  North  and 
West,"  21  Journal  of  Negro  Education ^2^5  (1952). 

^  Federal  Emergency  Administration,  P.W.A.  Non-Federal  Allotments;  Educational 
Institutions  for  Negroes  at  10  (March,  1939).  In  the  1965-66  school  year,  the  same 
school,  Phillips  High  School,  was  99.9  percent  Negro.  Surrey  of  Students,  supra 
note  84. 

""Segregated  schools  for  Negroes  in  Ohio  cities  in  the  1940"s  existed  in  Dayton. 
Xenia,  and  Lockland.  Xenia's  Negro  school  was  maintained  by  district  boundaries 
which  were  identical  to  the  boundaries  of  the  Negro  area.  Negro  children  living  out- 
side that  area  were  advised  to  attend  the  Negro  school.  Jackson,  "The  Development 
and  Character  of  Permissive  and  Partly  Segregated  Schools,"'  16  Journal  of  Negro 
Education  302,305-307  (1947). 

"'  Department  of  Public  Instruction,  Cincinnati  Public  Schools,  History  of  Negro 
Education  in  the  Cincinnati  Public  Schools,  6-9  (1964):  enrollment  data  for  1950 
supplied  by  the  Cincinnati  public  schools.  Administrative  practices  of  purposeful 
school  segregation  have  also  been  noted  in  Chicago,  111.  and  Gary,  Ind.  In  Chicago. 
111.,  the  practice  of  zoning  Negro  schools  on  the  basis  of  Negro  neighborhoods  was 
carried  on  into  the  1930's  ard  1940's.  For  a  discussion  of  practices  in  Chicago,  see 
Baron,  "History  of  Chicago  School  Segregation  to  1953,"  Integrated  Education,  Jan. 
1963;  U.S.  Commission  on  Civil  Rights,  Civil  Rights  U.S.A.  Public  Schools,  Cities 
in  the  North  and  West,  1963 — Chicago,  188.  In  Gary,  Ind,,  schools  in  racially  inte- 
grated areas  were  segregated  by  school  board  policy  until  1947  when  the  school  system 
changed  to  a  policy  of  geographic  zonin?.  Kaplan.  "Segregation  Litigation  and  the 
Schools— Part  III:  The  Garv  Litigation."  59  N.W.U.L.  Rev.  124,  125  (1963). 

"^Dealv.  Cincinnati  Board  of  Education,  244?.  Supp.  572  (S.D.Ohio  1965).  aff'd. 
Civ.  No.  16863,  6th  Cir.  Dec.  6,  1966.  "Prior  to  1943  the  only  Negro  teachers 
employed  were  assigned  to  the  all-Negro  voluntary  schools."  Testimony  at  U.S. 
District  Court  trial,  of  Superintendent  Wendell  Pierce,  Deal  supra.,  Record  p.   142. 

43 


In  some  cases,  State  courts  in  the  North  upheld  racially  separate  school 
facilities.  During  the  19th  century,  courts  in  Ohio,  Delaware,  New  York, 
and  other  States  allowed  exceptions  to  geographical  attendance  for  the 
purpose  of  maintaining  the  segregation  of  Negroes.^'''  In  1876,  for  ex- 
ample, in  a  suit  brought  by  Negro  parents  against  the  Cincinnati  Board 
of  Education  seeking  an  order  that  their  children  be  allowed  to  attend  a 
white  school  in  their  neighborhood,  the  parents  contended  that  the  chil- 
dren had  to  walk  four  miles  each  way  to  attend  a  Negro  school.  The 
court  dismissed  this  argument,  saying : 

[S]omebody  must  walk  farther  than  the  rest.  .  .  .  The  only  in- 
convenience complained  of  is  taking  a  long  walk,  which  is  not 
longer  than  children  must  take  to  go  to  other  schools,  such  as  high 
schools,  and  less  than  some  must  take  to  go  to  the  university. ^°° 

Practices  Bearing  on  School  Attendance 

Although  purposeful  school  segregation  resulting  from  legal  compul- 
sion or  administrative  action  is  not  often  found  now  in  the  North,  ap- 
parently neutral  decisions  by  school  officials  frequently  have  had  the 
effect  of  reinforcing  the  racial  separation  of  students,  even  where  alterna- 
tives were  available  which  would  not  have  had  that  result. 

School  Construction 

Of  the  areas  of  decision-making  which  can  affect  racial  isolation,  de- 
terminations concerning  construction  of  new  school  facilities  are  perhaps 
the  most  important.  Decisions  made  about  location  and  size  of  schools 
can  determine  attendance  patterns  for  long  periods  of  time.  As  Table 
9  shows,  the  overwhelming  majority  of  elementary  schools  built  in  17 


°°  States  which  had  laws  in  the  19th  century  which  either  authorized  separate 
public  education  for  Negroes  or  permitted  segregated  schools  included:  Ohio  (47  Ohio 
Laws  1849  sec.  1  at  7),  Pennsylvania  (Pa.  Laws  1854,  No.  610  ch.  6  sec.  24  at  623), 
Indiana  (Ind.  Laws,  Spec.  Sess.  1869,  ch.  6  sec.  3  at  41),  California  (Calif.  Laws 
186,  sec.  1  at  325),  Iowa  (Iowa  Laws  1858  ch.  52  sec.  30  at  51),  New  York  (2 
N.Y.  Laws  ch.  556  sec.  28  at  1288). 

Each  of  these  statutes  was  subsequently  repealed.  Ohio  (94  Ohio  Laws  1887 
No.  71),  Pennsylvania  (Pa.  Laws  1881  No.  83  sec.  2),  Indiana  (Ind.  Laws  1949 
ch.  186  sec.  10),  California  (Amendments  to  the  Code  of  California  of  1880,  ch.  44 
sec.  62),  Iowa  (Rev.  Stat.  Iowa  1860,  ch.  8  sec.  2023-2024),  New  York  (2  N.Y. 
Laws  1900  ch.  492  sec.  2). 

States  which  had,  prior  to  the  School  Segregation  Cases,  permitted  segregation  on 
an  optional  basis  but  whose  statutes  have  been  repealed  or  locally  ruled  invalid 
include:  Kansas,  Arizona,  New  Mexico,  Wyoming.  See  Greenberg,  Race  Relations 
and  America  Law  245-246  (1959) . 

^'^  State  of  Ohio  ex.  rel.  Lewis  v.  Board  of  Education  of  Cincinnati,  1  Ohio  Dec. 
Repr.   129,   130   (1876). 

44 


Northern  and  Western  cities  in  the  last  decade  and  a  half  had  either  nearly 
all-Negro  or  nearly  all-white  enrollments  when  they  opened."^ 

Table  9. — The  number  and  percentage  of  elementary  schools  constructed  in  16 
cities  ichich  opened  (1950-65)  50  percent  or  more  Negro,  90  percent  or  mwe 
Negro,  and  90  percent  or  more  white. 


Number 
of  cities 

Number  of 

elementary 

schools 

Number  and 

percent  which 

opened  50  percent 

or  more  Negro 

Number  and 

percent  which 

opened  90  percent 

or  more  Negro 

Number  and 

percent  which 

opened  90  percent 

or  more  white 

Number  and 
percent  whicli 
opened  nearly 
all-Negro  or 
nearly  all-white 
(sum  of  columns 
4  and  5) 

16 

371 

67     (18.0) 

48     (12.9) 

264     (71.  2) 

312     (84.  1) 

Alternative  solutions  are  not  always  readily  available  within  the  frame- 
work of  geographical  zoning,  but  neither  are  they  always  absent.  The 
pattern  of  residential  segregation  varies  from  city  to  city.  In  some  cities, 
Negroes  are  concentrated  in  one  residential  area,  and  in  others,  in  a 
number  of  smaller  areas.  Each  situation  affords  its  own  possibilities  or 
limitations  for  school  desegregation.  Often  the  decisions  school  admin- 
istrators must  make  when  additional  school  facilities  are  needed  can  have 
a  substantial  effect.  The  selection  of  a  site  for  a  new  school,  the  determi- 
nation of  its  size  and  attendance  area,  and  decisions  on  whether  to  build 
a  new  school  or  adopt  some  other  alternative,  such  as  enlarging  an  older 
school,  help  determine  the  racial  composition  of  schools. 

Site  Selection  and  School  Size. — Actions  of  school  officials  in  Oakland, 
Calif.,  show  how  selection  of  a  site  for  a  new  school  can  have  the  effect 
of  limiting  racial  desegregation  of  students.  The  opening  of  Skyline 
High  School  created  a  new  senior  high  attendance  district  that  removed 
white  high  school  students  from  a  racially  mixed  to  an  all-white  school. 
SkyUne  High  was  situated  in  a  white  residential  area  in  the  Oakland 
hills  and  it  withdrew  white  students  from  four  other  senior  highs. ^°-    Sky- 


"*  Information  on  school  construction  and  racial  composition  of  new  schools  when 
opened  was  furnished  to  the  Commission  by  the  school  systems  of  the  following  cities: 
Pasadena,  Sacramento,  Oakland,  Fort  Wayne,  Des  Moines,  Boston,  Flint,  Omaha, 
Columbus,  Cincinnati,  Cleveland,  Portland  (Oreg.),  Philadelphia,  Pittsburgh,  Salt 
Lake  City,  and  Milwaukee.  Information  on  Omaha  is  only  partial.  (Data  in  Com- 
mission files.) 

^'"  Oakland  Study  at  37.  The  table  below  gives  the  racial  composition  of  high 
schools  affected  by  the  opening  of  Skyline.      Oakland  Study  at  38. 


School 

Percent 
Negro 
1959-60 

Percent 
Negro 
1962-63 

Percent 
Negro 
1965-66 

Skyline                         .            ..  ..- .-. 

(•) 

8.0 
29.2 
22.2 

8.9 

1.0 
17.0 
42.0 
44.0 
14.0 

7.1 

Oakland  High                                              

25.4 

Oakland  Tech                                        

51.1 

Castlemont    ..                   .  ...    

70.1 

Fremont 

26.  C 

*Not  opened. 


45 


line,  which  opened  in  1961,  was  99  percent  white  the  following  year/"'' 
The  new  school  was  so  situated  as  to  make  it  extremely  difficult  to  draw 
boundaries  that  would  include  a  substantial  number  of  Negroes  in  the 
student  body.'"' 

Two  examples  from  San  Francisco  illustrate  the  combined  effect 
of  site  selection  and  school  size  on  the  racial  composition  of  the  schools. 
During  the  1950's,  capacity  for  approximately  2,400  elementary  chil- 
dren was  added  to  the  predominantly  Negro  schools  in  the  Hunter's 
Point  area.  As  a  result,  three  of  the  Hunter's  Point  schools  were  enlarged 
to  a  capacity  of  about  1,000  pupils  each.  At  the  same  time  a  new 
elementary  school — Fremont — was  constructed  within  an  adjacent  white 
area.  But  the  school  provided  space  for  only  450  pupils.  Given  its 
location  and  small  size,  Fremont  could  not  accommodate  the  Hunter's 
Point  children.  The  school  opened  with  a  nearly  all-white  student 
body."^ 

A  similar  case  involved  the  construction  of  the  Anza  Elementary  School 
which  opened  in  1952."*^  Anza  was  buUt  in  a  white  area  about  eight 
blocks  from  the  predominantly  Negro  Golden  Gate  Elementary  School 
in  the  Fillmore  area,  a  Negro  residential  neighborhood. ^°^  At  the  time 
Anza  was  planned,  Golden  Gate  was  overcrowded  and  some  of  its  stu- 


'"^  Ibid.     Racial  enrollment  statistics  are  unavailable  for  the  1961-62  school  year. 

'"*  U.S.  Commission  on  Civil  Rights,  Civil  Rights  U.S.A.  Public  Schools,  Cities  in 
the  North  and  West,  1963,  Oakland  12.  "It  (the  Skyline  site)  also  presented  some 
major  disadvantages.  It  was  not  centrally  located ;  public  transportation  was  not 
available  .  .  .  and  a  major  portion  of  the  site  was  outside  the  city  limits  so  that  annexa- 
tion would  be  necessary."  Previously,  the  school  administration  had  considered 
boundaries  for  a  new  high  school  which  "would  have  resulted  in  a  better  socio- 
economic (and  perhaps  racial)  mix  at  the  new  high  school  because  of  the  more 
westerly  boundary  contemplated."      (Id.  at  11.) 

^°-  San  Francisco  Unified  School  District,  Statistical  Report  of  San  Francisco  Public 
Schools,  1961—62,  20-26  (school  construction  data)  ;  memorandum,  Total  Class- 
room Capacities,  prepared  for  Frederick  T.  Cioffi,  U.S.  Office  of  Education  fUSOE) 
by  Dr.  William  A.  Cobb,  Assistant  Superintendent,  San  Francisco  Unified  School  Dis- 
trict, Jan.  19,  1966;  San  Francisco  Unified  School  District,  Building  Utilization — 
San  Francisco  Elementary  Schools,  Sept.  19,  1963  (capacity  data).  All  racial  data, 
1950-61,  based  on  estimates  obtained  in  staff  interviews  with  Mr.  and  Mrs.  Cecil 
Poole;  Dr.  Ruth  Howard,  Chairman,  Language  Department,  Lowell  High  School;  Ed- 
ward Howden,  Executive  Director,  California  FEPC;  Seaton  Manning,  former  Execu- 
tive Director,  San  Francisco  Urban  League;  Dr.  Hilda  Taba,  San  Francisco  State  Col- 
lege; Josephine  Cole,  teacher,  San  Francisco  Unified  School  District  (SFUSD)  ;  and 
Rev.  Alfred  Dale;  August  1966.  Dr.  Mary  McCarthy  of  the  School  Department  also 
confirmed  that  Fremont  opened  nearly  all-white.  Fremont  School  later  became  ma- 
jority-Negro. The  present  boundary  between  Fremont  and  Burnett  (a  Negro  school 
on  Hunter's  Point)  is  Third  Street,  a  major  thoroughfare.  It  is  crossed  in  the  adjacent 
Bayview  district.  There  is  no  other  barrier  between  Fremont  and  Hunter's  Point. 
(Staff  interview  with  Reginald  Major,  former  education  director,  San  Francisco 
NAACP,  Nov.    15,   1966.) 

'""  School  construction  data  obtained  from  SFUSD,  Statistical  Report  on  the  San 
Francisco  Public  Schools,  1961-62,  20  (1962). 

'"'  SFUSD,  op,  cit.  supra  note  106  (location).  Interview  with  Mr.  and  Mrs.  Cecil 
Poole,  et  al.,  op.  cit.  supra  note  105  (racial  data). 

46 


dents  were  being  bused  15  blocks  to  the  Pacific  Heights  school."^  But 
Anza  was  planned  to  accommodate  only  540  students  and  opened  as  a 
nearly  all-white  school. "°  Children  from  nearby  Golden  Gate  continued 
to  be  bused  to  Pacific  Heights."" 

Boundaries. — Often  there  is  a  close  relationship  between  the  selection 
of  a  school's  site,  the  determination  of  its  size,  and  the  creation  of  its 
attendance  areas.  In  some  cases,  even  where  the  school  is  so  located 
and  of  such  a  size  that  it  otherwise  might  draw  a  mixed  student  popula- 
tion, school  authorities  have  drawn  attendance  area  boundaries  which 
have  the  effect  of  perpetuating  racial  separation.  Examples  from  Chi- 
cago, 111.,  and  Cincinnati,  Ohio,  illustrate  the  point. 

On  the  west  side  of  Chicago,  a  new  elementary  school — Paderewski- — 
opened  in  1964.  Some  of  the  Negro  children  in  Grades  K-6  assigned 
to  Paderewski  formerly  had  attended  the  nearby  Burns  Elementary 
School  which  had  been  60  percent  Negro  the  year  before.  As  Illustra- 
tion 1  shows,  because  the  new  boundaries  selected  for  Paderewski  in- 
cluded almost  all  the  Negro  elementary  school  children  who  previously 
had  attended  Burns,  the  elementary  grades  at  Burns  became  nearly  all- 
white.     Paderewski  opened  98  percent  Negro."'     The  purpose  of  the 


"^  SFUSD,  Transportation  Report,  memorandum  to  Assistant  Superintendent  Wil- 
liam Cobb  from  E.  Lahl,  Supervisor,  Division  of  Supplies,  Nov.  1,  1965  (hereinafter 
called  Transportation  Memo)  and  telephone  interview  with  Dr.  Cobb,  October  1966. 

^'''■' Anza  opened  in  1952  at  90  percent  of  capacity  with  room  for  56  more  children. 
(SFUSD,  Active  Enrollment  Oct.  31,  1952;  see  also  Letter  from  Assistant  Superin- 
tendent William  Cobb,  Sept.  27,  1966  [capacity].)  By  1954,  its  enrollment  had 
reached  526.  {Active  Enrollment  supra,  Oct.  29,  1954.)  The  school  was  a  replace- 
ment for  the  old  Fremont  School.  (SFUSD,  letter  from  Assistant  Superintendent 
William  Cobb,  Aug.  16,  1966.)  It  was  moved  to  a  new  location  farther  from  Golden 
Gate  and  more  suitable  to  middle-income  white  housing.  (Staff  interview  with  Mrs. 
Poole,  et.  al.,  op.  cit.  supra  note  105).  The  school  system  contends  that  .^nza  was 
planned  as  an  integrated  school.  However,  according  to  Dr.  Cobb,  when  Anza  opened 
there  were  few  Negroes  enrolled.  (Telephone  interview,  Nov.  1966.)  Negroes  began 
moving  into  the  area  during  the  late  1950's.  By  1962,  Anza  was  76  percent  Negro. 
(Memorandum  from  George  Boisson  to  Dr.  Harold  Spears  concerning  racial  composi- 
tion of  schools,  Jan.  22,  1963.)  During  its  transition  from  a  nearly  all-white  to  ma- 
jority-Negro school,  Anza  served  as  a  model  of  an  integrated  school.  (Information  ob- 
tained in  staff  review  with  Reginald  Major,  former  education  director,  San  Francisco 
Branch,  NAACP,  Nov.  1966.)  However,  the  fact  that  Anza  was  placed  farther  from 
Golden  Gate  than  the  school  it  replaced,  the  fact  that  there  is  no  barrier  between 
the  two  districts  (the  present  boundary  is  Divisadero  which  is  crossed  in  the  adjacent 
Emerson  district),  and  the  fact  that  the  overflow  from  Golden  Gate  was  not  accom- 
modated at  the  new  school,  suggest  that  the  school  was  originally  planned  to  serve 
the  white  community. 

""  Transportation  Memo. 

'"  Attendance  boundaries  of  Burns  before  and  after  the  opening  of  Paderewski 
come  from  Proceedings  of  the  Board  of  Education  of  the  City  of  Chicago,  Sept.  27, 
1961  at  469;  Nov.  13,  1963,  at  666.  Data  on  the  racial  composition  of  schools  come 
from  the  Chicago  Public  Schools,  Student  Survey  (1963,  1964).  The  racial  composi- 
tion of  Burns  (K-8)  in  1964  was  59  percent  white,  19  percent  Negro,  and  21  percent 
other.     Although  Burns  was  19  percent  Negro  in  the  1964-65  school  year,  its  Negro 

Footnote  continued  on  following?  pa^c. 

47 


Illustration  1.  Burns  Elementary  School  Boundary  Before  (Top) 
AND  After  (Bottom)  Opening  of  Paderewski  Elementry  School  in 
Chicago,  III. 


PREDOMINANTLY 
I  *^^  NEGRO  AREA 


WHITE  AREA 


I     I      BURNS  (K-9) 
I       I  BURNS     I ATTENDANCE 


boundary 


II       UNDERPASSES 


c.**- 


'mm. 

p 

m 

1^^ 

'^^VAV///////////. 
/vz/ paderewski; 

w 

W^ 

^ 

1 

1 

^g^^^  ' 

1 
1 

1 

1 

1 

1  BURNS 

1 

L 

« 

BURNS  K-6 
BOUNDARY 


BURNS  7-8 
BOUNDARY 


UNDERPASSES 


students  were  virtually  all  in  the  seventh  and  eighth  grades,  while  Grades  K-6  were 
nearly  all-white.  That  the  elementary  grades  were  nearly  all-white  is  derived  from 
the  location  of  the  attendance  boundaries  for  Grades  K-6  and  Grades  7  to  8.  The 
attendance  area  for  Grades  K-6  encompasses  a  white  residential  area  south  of  the 
C.B.  &  Q.  railroad  tracks.  The  attendance  area  for  Grades  7  and  8  incorporates  the 
same  area  as  the  boundaries  for  K-6  plus  an  additional  area  north  of  the  railroad 
tracks,  an  area  which  is  nearly  all-Negro.  (School  boundaries  for  1965-66  and  racial 
composition  of  census  blocks  for  each  year  since  1960  were  obtained  from  a  map  pre- 
pared by  the  U.S.  Office  of  Education,  from  data  obtained  from  the  Chicago  Public 
Schools.)  The  railroad  tracks,  which  are  the  common  boundary  between  Burns  and 
Paderewski,  are  not  impassable  to  elementary  children.  Children  crossed  these  tracks 
before  1964  to  attend  Burns  and  crossed  them  in  1965-66  in  other  attendance  areas 
on  the  West  Side.  There  are  numerous  underpasses  in  the  area  [U.S.  Department  of 
the  Interior,  Englewood  Quadrangle,  Illinois,  Cook  County  7.5-minute  series  (topo- 
graphic map)]. 


48 


new  construction  and  of  the  boundary  change  was  to  reheve  overcrowd- 
ing at  Burns  and  other  schools  in  the  area.  When  Paderewski  opened, 
it  was  more  severely  overcrowded  than  Burns  had  been  the  previous 
year."- 

In  Cincinnati,  Ohio,  a  new  junior  high  school — Sawyer^ — was  opened 
in  1962,  to  relieve  overcrowded  conditions  at  two  other  junior  high 
schools — Ach  and  Withrow — in  the  city's  western  area."'  As  Illustra- 
tion 2  shows,  the  new  school  was  located  between  Ach  (92  percent 
Negro)  and  Withrow  (58  percent  white)  ."^    The  boundary  lines  of  the 

Illustration  2.  Cincinnati:  Ach-Sawyer- Withrow  Boundary  Change 


ACH,    WITHROW  ATTENDANCE 
BOUNDARrES  IN  1961-62  BEFORE 
SAWYER  OPENED 

SAWYER  Jr.  HIGH  ATTENDANCE 
BOUNDARIES,  ESTABLISHED 
1962-63;  CURRENT  AS  OF    7/o6 


[2J         PREDOMINANTLY  NEGRO  AREA 
Q         PREDOMINANTLY  WHITE  AREA 


^"  According  to  the  report  of  the  General  Superintendent  to  the  Board  of  Education, 
the  opening  of  Paderewski  would  relieve  overcrowding  at  Burns  and  six  other  ele- 
mentary schools  on  the  West  Side.  (Chicago  Public  Schools  Proceedings  of  the 
Board  of  Education  666,  Nov.  13,  1963.)  However,  Burns  in  1963  had  an  average 
of  32.1  students  per  classroom  in  Grades  1  to  8.  In  1964,  Burns  had  an  average  of 
32.6  students  per  classroom  in  Grades  1  to  8  and  Paderewski  opened  with  36.2 
students  per  classroom  in  Grades  1  to  6.  (Chicago  PubHc  Schools,  Use  of  Facilities, 
Elementary  School  Buildings,  Sept.  27,  1963,  and  Oct.  2,  1964.) 

"^  Joint  exhibit  No.  17,  Deal  v.  Cincinnati  Board  of  Education,  supra  note  98.  Ach 
(92  percent  Negro  in  1960)  was  at  112  percent  of  capacity,  Withrow  (42  percent 
Negro  in  1960)  was  at  97  percent  of  capacity.  Division  of  Research,  Statistics,  and 
Information,  Cincinnati  PubHc  Schools,  Memberships,  Percent  and  Number  of 
Negro  Pupils  by  Schools,  1960-61,  1963-64,  1964-65,  and  1965-66,  Jan.  11,  1966. 
Capacity  and  enrollment  data  for  each  year  since  1950-51  furnished  to  the  Com- 
mission by  the  Department  of  Research,  Cincinnati  Public  Schools.) 

"'  Joint  exhibit  No.  272,  Deal  v.  Cincinnati  Board  of  Education,  supra  note  98  (map 
showing  attendance  boundaries  of  existing  secondary  schools.)  Cincinnati  Public 
Schools,  op.  cit.  supra  note   113    (racial  composition  of  schools). 


49 


new  school's  attendance  area  were  drawn  to  include  part  of  the  area 
formerly  zoned  to  Ach  (92  percent  Negro)  and  almost  the  entire  Negro 
residential  area  formerly  zoned  to  Withrow  (58  percent  white).  The 
following  year  Ach  was  99  percent  Negro;  Withrow  was  83  percent 
white ;  and  Sawyer  was  98  percent  Negro/" 

Alternatives  to  New  School  Construction 

As  noted  earlier,  new  schools  often  are  built  in  response  to  rapidly 
rising  school  enrollments.  As  an  alternative  to  constructing  new  schools, 
urban  school  systems  sometimes  use  temporary  space  or  enlarge  existing 
facilities  to  accommodate  enrollment  increases.  In  a  number  of  cases 
these  expedients  also  have  had  the  effect  of  heightening  racial  concentra- 
tions. Examples  from  Oakland,  Calif.,  and  Milwaukee,  Wis.,  illustrate 
the  point. 

In  Oakland,  increases  in  elementary  school  enrollment  in  predomi- 
nantly Negro  areas  of  the  city  have  been  absorbed  through  the  use  of 
"portable"  classrooms. ^^'^  In  north  Oakland,  population  movements  re- 
sulted in  a  net  increase  of  more  than  2,000  Negro  children  and  a  decrease 
of  742  white  children  between  1950  and  1965.^^'  Additional  space,  in- 
cluding 28  "portables,"  was  furnished  at  three  schools  in  that  area. 
There  was  no  other  construction  or  any  boundary  changes  during  the  dec- 
ade of  the  1950's.  The  same  procedure  was  followed  in  east  Oakland, 
where  the  number  of  Negro  children  in  16  years  increased  from  273  to 

""  Plaintiffs'  exhibit  No.  17,  Deal  v.  Cincinnati  Board  of  Education,  supra  note  98 
(map  showing  the  boundaries  of  Ach  and  Withrow  in  1961-62  prior  to  the  opening 
of  Sawyer,  the  attendance  boundaries  drawn  for  the  new  Sawyer  School  in  1962-63 
which  are  still  current,  and  the  location  of  predominantly  Negro  and  predominantly 
white  areas) . 

The  location  of  Sawyer  Junior  High  School  did  not  make  its  98  percent  Negro 
enrollment  inevitable.  Sawyer  is  on  the  edge  of  a  large  Negro  residential  area  and 
is  quite  close  to  a  predominantly  white  residential  area.  The  former  Cincinnati 
superintendent  acknowledged  in  his  testimony  in  Deal,  that  he  lived  in  the  predomi- 
nantly white  neighborhood  close  to  Sawyer  and  that  children  in  his  neighborhood 
lived  closer  to  Sawyer  but  attended  Withrow  Junior  High  School.  The  superin- 
tendent also  acknowleged  that  there  was  no  physical  obstruction  or  hazard  which 
would  prevent  people  living  in  his  block  from  attending  Sawyer.  (See  testimony  of 
former  Superintendent  Wendell  Pierce,  Record,  p.  216,  Deal  v.  Cincinnati  Board  of 
Education,  supra  note  98.)  Sawyer  is  not  located  in  the  center  of  its  attendance  area; 
it  is  located  on  the  extreme  eastern  edge  of  its  attendance  boundary.  (Joint  exhibit 
No.  272,  Deal  v.  Cincinnati  Board  of  Education,  supra  note  98.)  The  school's  loca- 
tion, then,  could  have  taken  advantage  of  both  Negro  and  white  neighborhoods  in  close 
proximity  to  one  another.  There  are  no  official  racial  enrollment  statistics  for  the 
year  Sawyer  opened.     However,  the  next  year  Sawyer  was  98  percent  Negro. 

^^^  Oakland  Study  at  51.  "Of  all  the  portables  in  use  in  the  school  year  1965-66 
at  the  elementary  level,  almost  one-third  (32  percent)  were  located  at  schools  which 
had  more  than  90  percent  Negro  enrollment.  .  .  .  There  has  been  an  overall  increase 
in  the  use  of  portables  in  the  whole  school  system  in  the  last  10  years,  but  this 
increase  has  been  felt  most  strongly  at  schools  with  high  Negro  enrollments.  Ele- 
mentary schools  with  over  90  percent  Negro  enrollment  showed  a  75  percent  increase 
in  the  use  of  portables  between  1956  and  1966.   .   .   ." 

"'  Id.  at  28. 

50 


more  than  5,500,  and  the  number  of  portables  in  use  at  elementary  schools 
also  increased  substantially."'^  Between  1953  and  1963,  nine  new  ele- 
mentary schools  were  opened  in  the  city.  Of  these,  three  were  in  Negro 
areas  and  consisted  entirely  of  portable  units.  The  remaining  six  were  in 
the  virtually  all-white  Hill  area,  and  of  these,  four  were  permanent  facili- 
ties and  two  were  partly  portable."^  The  entire  increase  in  Oakland's 
Negro  elementary  enrollment  over  recent  years  has  been  absorbed  in 
schools  that  are  now  90  percent  to  100  percent  Negro .^-'' 

In  Milwaukee,  Wis.,  additional  school  space  for  Negro  children  in  the 
predominantly  Negro  central  area  almost  invariably  has  been  provided 
through  additions  to  existing  schools.^-'  The  efTect  has  been  to  confine 
Negro  school  children  to  schools  in  Negro  neighborhoods.  The  schools 
serving  the  central  area  are  densely  concentrated.  The  situation  was 
well  summarized  in  a  report  of  the  city  school  administration : 

It  is  evident  that  elementary  schools  must  be  located  closer  to- 
gether in  an  area  of  high  pupil  population  concentration.  In  the 
central  [Negro]  area,  25  schools  serve  districts  totaling  about  seven 
square  miles;  this  averages  about  three  and  one-half  schools  per 
square  mile.  In  the  remainder  of  the  city,  92  schools  serve  88.75 
square  miles  of  this  area ;  this  averages  a  little  more  than  one  school 
per  square  mile.^-- 

One  Milwaukee  school  official  has  stated  that  had  the  board  of  educa- 
tion considered  greater  racial  desegregation  desirable,  boundary  changes 
could  have  been  made  that  would  have  enabled  thousands  of  Negro  and 
white  children  to  attend  school  with  each  other,  without  conflicting  with 
the  school  board's  policy  of  neighborhood  school  attendance. ^"^ 

Exceptions  to  Neighborhood  Attendance 

As  pointed  out  earlier,  neighborhood  attendance  zones  are  not  always 
applied  with  rigid  consistency,  but  vary  from  time  to  time  and  from  place 
to  place.     Sometimes  neighborhood  attendance  Is  subordinated  to  other 

"'M  at  20,  Table  12;  28.  The  number  of  portable  units  at  cast  Oakland  ele- 
mentary schools  increased  from  74  to  129  in  the  period  1955-65.  By  1965  there 
were  twice  as  many  portables  in  east  Oakland  as  there  were  in  any  other  section 
of  the  city.      {Id.  at  47,  Table  19.) 

""Mat  53,  Table  20. 

^-""  See  A  pp.  A,  Table  3. 

^^  Milwaukee  Public  Schools,  Report  of  School  District  Changes  in  Central  Area 
of  Milwaukee,  1943-1953-1963  85  (1964)  (additions  to  schools);  Milwaukee 
Public  Schools,  Report  on  Visual  Count  of  White  and  Nonwhite  Pupils  by  Schools, 
Apr.  11,  1966  (racial  composition  of  schools).  Of  the  44  new  schools  constructed 
between  1950  and  1965,  only  2  were  in  areas  where  Negro  enrollment  was  over  50 
percent.  (Milwaukee  Public  Schools,  Fifteen  Fine  Years  of  School  Construction 
Progress,  1950—1965.  See  also  Visual  Count  and  Report  of  School  District  Changes, 
supra.) 

^^  Milwaukee  Public  Schools,  Report  of  School  District  Changes  in  Central  Area 
of  Milwaukee,  1943-1953-1963,  83  (1964) . 

"'  Interview  with  Arthur  H.  Kastner,  director  of  the  Department  of  School  Housing 
Research,  Milwaukee  Public  Schools,  September  1966. 

51 


educational  goals.  In  most  cities,  for  example,  handicapped  children 
or  academically  talented  students  do  not  attend  their  neighborhood 
school.^"'  There  are  other  departures  from  neighborhood  attendance 
policy  that  potentially  can  either  reduce  or  reinforce  racial  separation  in 
schools.  Chief  among  these  are  optional  zones,  transfer  plans,  and 
transportation. 

Optional  Zones. — An  optional  zone  is  a  limited  area  established  within 
a  wider  school  attendance  area.  Students  living  in  an  optional  zone  are 
permitted  a  choice  between  the  school  located  in  their  attendance  area 
and  a  school  in  a  nearby  attendance  area.  Examples  of  the  use  of  op- 
tional zones  in  Cleveland  and  San  Francisco  illustrate  the  way  this  prac- 
tice often  perpetuates  racial  separation  in  the  schools. 

In  1 95 1 ,  Cleveland  school  authorities  created  an  optional  zone  within 
the  attendance  area  of  the  Washington  Irving  Elementary  School,  a 
98  percent  Negro  school. ^"^  The  optional  zone  was  a  white  residential 
enclave  in  the  otherwise  Negro  area.^-*"'  It  gave  the  white  children,  who 
otherwise  would  have  been  assigned  to  Washington  Irving,  the  option  of 
attending  the  nearby  Woodland  School,  which  was  96  percent  white. 

Both  the  Woodland  and  the  Washington  Irving  Elementary  School 
attendance  zones  had  been  included  in  the  attendance  zone  of  Rawlings 
Junior  High  School,  which  had  become  majority-Negro.  The  school 
authorities  again  created  an  optional  zone  consisting  of  the  entire  (nearly 
all-white)  Woodland  district  and  the  white  enclave  in  the  Washington 
Irving  district.  Here,  too,  the  optional  zone  enabled  white  children  to 
choose  between  the  majority-Negro  junior  high  school  to  which  they 
otherwise  would  have  been  assigned  and  a  nearby  junior  high  school — 
Audubon — which  was  85  percent  white.^"^ 

In  San  Francisco  an  optional  zone  existed  during  the  late  1940's  and 
1950's  within  the  areas  served  by  the  majority-white  Geary  Elementary 


^"'  Massachusetts  State  Board  of  Education,  Because  It  Is  Right — Educationally, 
(report  of  the  Advisory  Committee  on  Racial  Imbalance  and  Education)  5  (April 
1965)  ;  U.S.  Commission  on  Civil  Rights,  Staff  Report  on  Issues  Related  to  Racial 
Imbalance  in  the  Public  Schools  of  Rochester  and  Syracuse,  New  York,  6  (1966) 
(Rochester)  ;  U.S.  Commission  on  Civil  Rights,  "Staff  Report  on  Education,"  Cleve- 
land Hearing  750. 

'""  Official  school  district  boundary  cards,  Cleveland  Public  Schools.  Racial  com- 
position of  Cleveland  Public  Schools  in  Commission  files.  The  small  area  between 
the  Washington  Irving  and  Woodland  Elementary  Districts  was  made  optional  on 
Apr.  17,  1952,  effective  Sept.  1,  1952. 

'"'The  area  in  question  was  in  census  tract  N-4  and  had  271  white  households 
and  15  nonwhite  households.  U.S.  Bureau  of  Census,  U.S.  Census  of  Housing,  1950, 
vol.  5,  part  38  at  42. 

'"'  Official  school  district  boundary  cards,  supra,  note  125.  Racial  composition  of 
Cleveland  public  schools  in  Commission  files.  The  optional  zone  was  created  in 
January  1952. 

52 


School  and  the  majority-Negro  Emerson  School.'-"  In  1950,  the  zone 
was  predominantly  white.'-"  As  Illustration  3  shows,  by  1960,  however, 
the  great  majority  of  the  zone's  residents  were  Negroes.""  By  then,  the 
principal  effect  of  the  zone  was  to  enable  Negro  children  to  attend  the 
majority- white  Geary  School.  The  option  was  removed  in  1961,  and 
the  zone  included  in  the  attendance  area  of  the  majority-Negro  Emerson 


Illustration  3.  Geary-Emerson  Optional  Zone,  San  Francisco 


1950 


D   GEARY 


-T-ry-rTT-TTT-TT'. 

EMERSON  ;;> 


1961 


□  GEARY 


EMERSON Z 


r— I 


L_.i 


I     "=■    OPTfONAL  ZONE 


_^  —    INDICATES  WHICH  SCHOOL  CHILDREN  IN  THIS 
AREA  COULD  ATTEND 


I  |-   PREDOMINANTLY  WHITE  NEIGHBORHOOD 

Y///A=-   PREDOMINANTLY  NEGRO  NEIGHBORHOOD 


'"'  Memorandum  to  Frederick  Cioffi,  USOE,  from  Tennessee  Kent,  Assistant  Super- 
intendent of  elementary  schools,  Jan.  7,  1966,  and  accompanying  maps.  Telephone 
interview  with  Dr.  William  Cobb,  Assistant  Superintendent,  Nov.  4,  1966. 

'""U.S.  Bureau  of  Census,  U.S.  Census  of  Housing,  1950,  vol.  V,  part  172. 

""U.S.  Bureau  of  Census,  U.S.  Census  of  Housing,  1960,  HC(3)    (No.  67). 


243-637  O  -  67  -  5 


53 


School  even  though  Emerson  opened  that  year  slightly  over  capacity, 
while  Geary  (still  majority-white)  opened  shghtly  under  capacity."^ 

Reports  from  other  cities — among  them  Springfield,  Mass. ;  Philadel- 
phia, Pa. ;  Indianapolis,  Ind. ;  and  Buffalo,  N.Y. — indicate  similar  prac- 
tices with  similar  consequences.^^" 

Transfers. — School  systems  use  various  means  to  relieve  overcrowding. 
The  provision  of  additional  school  space,  whether  through  construction  of 
new  schools  or  additions  to  existing  schools,  is  one  common  method.  As 
shown  above,  this  often  has  the  effect  of  intensifying  or  perpetuating 
school  segregation.  Another  method  used  is  that  of  transfer  plans. 
Generally  under  these  plans,  students  are  permitted  to  attend  any  school 
in  which  there  is  available  space,  without  regard  to  geographical  zones. 
Restrictions  may  be  imposed  so  that  students  may  transfer  only  from 
schools  that  are  overcrowded  and  only  to  schools  that  are  underutilized. 
Theoretically  these  plans  can  serve  to  reduce  racial  concentrations  by 
permitting  children  to  transfer  from  racially  isolated  schools.  In  prac- 
tice they  seldom  have  this  effect. 

^^  SFUSD,  Building  Utilization — San  Francisco  Elementary  Schools  (capacity  and 
enrollment  data  for  1959-65).  Emerson  was  at  102  percent  of  capacity  while  Geary 
was  at  91  percent  of  capacity.  Interview  with  Mr.  and  Mrs.  Poole,  et  al.,  op.  cit.  supra 
note  105  (racial  composition  of  Emerson)  ;  in'"ormation  obtained  from  Dr.  William 
Cobb,  Assistant  Superintendent,  Dec.  1,  1966  (racial  composition  of  Emerson)  ;  in- 
formation obtained  from  Dr.  William  Cobb,  Assistant  Superintendent,  Dec.  1,  1966 
(racial  composition  of  Geary)  ;  memo  from  Tennessee  Kent,  Assistant  Superintendent 
of  Elementary  Schools,  to  Frederick  Cioffi,  USOE,  Jan.  7,  1966  (abolition  of  option). 

^^  The  optional  areas  in  Springfield,  Mass.,  were  abolished  in  1965.  (Springfield 
Public  Schools,  Revised  Springfield  Plan  for  the  Promotion  of  Racial  Balance  and 
the  Correction  of  Existing  Racial  Imbalance  in  the  Public  Schools,  3  (Apr.  1, 
1966,  eflFective  Sept.  1,  1966).  These  optional  areas  existed  mainly  in  white 
neighborhoods  and  afforded  those  children  a  choice  of  schools,  while  no  such  options 
existed  for  children  living  in  Negro  neighborhoods.  (Springfield  Public  Schools, 
"Map  of  Optional  Areas,  1963-64  School  District  Boundaries  and  1966-67  School 
District  Boundaries";  plaintiff's  exhibit  No.  22;  plaintiff's  exhibit  No.  4,  which 
records  the  names,  addresses,  grades,  and  race  of  children  living  in  optional  zones 
and  the  schools  they  attend  for  the  1963-64  school  year,  Barksdale  v.  Springfield 
School  Committee,  237  F.  Supp.  43  (D.  Mass.  1965).) 

In  Philadelphia,  the  eastern  portion  of  the  94  percent  Negro  Pennell  School  District 
contained  an  optional  zone  in  1961.  Sixty-eight  white  children  living  in  that  optional 
zone  were  able  to  attend  the  Howe  School  rather  than  the  Pennell  School  (U.S. 
Commission  on  Civil  Rights,  Civil  Rights  U.S.A.,  North  and  West,  1962,  Public 
Schools,  135,  136). 

Prior  to  October  1964  there  were  11  optional  zones  in  high  school  districts  in 
Indianapolis,  Ind.  Four  such  zones  in  all-Negro  or  predominantly  Negro  districts  per- 
mitted students  to  choose  the  Crispus  Attucks  High  School  built  as  a  Negro  school 
in  1927,  during  the  days  of  de  jure  segregation  [Williams  and  Ryan,  Schools  in 
Transition,  50  (1954)]  even  though  these  four  districts  were  within  the  Technical 
High  School  district  (31  percent  Negro).  Racial  enrollment  data  provided  by  In- 
dianapolis public  school  system.  (See  Gonis,  An  Analysis  of  Desegregation  Trends 
in  the  Indianapolis  Public  Schools,  44,  an  unpublished  master's  thesis  in  the  Butler 
University  Library,  Aug.  19,  1965.) 

For  a  discussion  of  optional  areas  in  Buffalo,  N.Y.,  see  U.S.  Commission  on  Civil 
Rights,  Civil  Rights  U.S.A.,  Public  Schools,  Cities  in  the  North  and  West,  1963, 
Buffalo,  23-27.  The  report  concludes  that:  "It  seems  possible  that  the  elimination 
of  these  optional  areas  and  an  adjustment  of  boundary  lines,  if  necessary  to  avoid 
overcrowding,  might  relieve  the  racial  imbalance  in  these  schools."      (Id.  at  27.) 

54 


In  some  cases,  however,  where  there  is  substantial  overcrowding  in 
majority-Negro  schools,  a  liberal  transfer  plan  could  relieve  overcrowding 
and  segregation.  The  Chicago  school  system  was  presented  with  this 
dual  opportunity  in  1960.  At  that  time  33,000  students  were  attending 
double-shift  classes  in  overcrowded  schools,  nearly  all  of  which  were  in 
Negro  areas."^  At  the  same  time,  a  number  of  white  schools  were 
underutilized. ^^^  By  encouraging  transfers  from  the  overcrowded 
(Negro)  schools  to  the  underutilized  (white)  schools,  the  school  system 
might  have  contributed  substantially  to  relieving  both  o\'ercrowding  and 
school  segregation.  The  limited  transfer  plan  put  into  effect  by  the 
Chicago  school  administration,  however,  could  not  accomplish  either 
objective. 

Prior  to  1955,  the  Chicago  school  system  had  permitted  transfers. 
After  1955,  its  official  policy  became  one  of  prohibiting  transfers  from 
neighborhood  schools.^^^  In  late  1961,  however,  the  school  adminis- 
tration relaxed  its  prohibitions.  Students  in  overcrowded  schools  ( largely 
Negro)  where  the  average  class  size  was  more  than  40  could  receive 
temporary  permits  to  transfer,  at  their  own  expense,  to  non-crowded 
schools  (largely  white)  where  the  average  class  size  was  less  than  30.^^" 

The  plan  was  incapable  of  facilitating  any  substantial  number  of 
transfers.  First,  transfers  from  Negro  to  white  areas  were  inhibited 
by  the  cost  of  transportation.  Second,  the  transfer  permits  were  tempo- 
rary and  could  be  revoked  if  the  average  class  size  of  the  sending  school 
fell  to  40.  The  transfer  policy  had  the  effect  of  affirming  different 
standards  of  permissible  class  size  in  Negro  and  white  schools."' 


'"•-'U.S.  Commission  on  Civil  Rights,  Civil  Rights  U.S.A.  Public  Schools,  North 
and  West,  1962,  223. 

'^*7</.  202-03.  The  report  states:  "Whether  or  not  large  numbers  of  vacant 
rooms  existed,  it  has  remained  reasonably  clear  throughout  the  controversy  (i.e., 
over  the  number  of  vacant  classrooms)  that,  viewed  in  terms  of  relative  crowding 
of  facilities,  the  white  schools  did  have  space.  This  appears  clearly  from  the  utiliza- 
tion of  over  2,000  spaces  in  white  elementary  schools  for  high  school  branches.  .  .  . 
It  appears  also  from  the  redistricting  plan  .  .  .  the  object  of  which  was  to  achieve 
an  average  of  30  students  per  class  in  80  schools,  primarily  white.  A  later  section 
of  this  report  will  suggest  that  the  average  class  size  in  the  Negro  schools  was  sig- 
nificantly greater  than  the  proposed  30  average.  This  disparity  in  class  size  between 
Negro  and  white  students  has  never  been  denied  by  the  superintendent.  Indeed,  its 
alleviation  has  been  one  of  the  avowed  objectives  of  his  building  program  in  the 
impacted  areas." 

"■'  Statement  to  the  Board  of  Education  by  Benjamin  C.  Willis,  Proceedings  of 
the  Board  of  Education  of  the  City  of  Chicago,  284,  Aug.  22,  1962. 

'^  Report  to  the  Board  of  Education  by  Benjamin  C.  Willis,  Proceedings  of  the 
Board  of  Education  of  the  City  of  Chicago,  925,  Dec.  27,  1961. 

"'  Ibid.  The  transfer  policy  was  soon  obsolete  because  new  buildings  and  mobile 
classrooms  were  used  to  relieve  overcrowding.  Between  1951  and  1962  over  200  new 
schools  or  additions  representing  a  total  of  3,498  classrooms  were  constructed.  Most 
of  this  building  was  in  Negro  areas  of  the  Loop,  in  the  Negro  ghettos  to  the  south 
and  west  of  the  Loop,   and  in   the  extreme   northern   portions  of  the   city.      (U.S. 

Footnote  continued  on  following  page. 

55 


Transportation. — City  school  systems  often  have  bused  students  to  re- 
lieve overcrowding.  Busing  has  greater  potential  than  individual  trans- 
fers for  enhancing  or  reducing  racial  concentrations. 

In  Cincinnati,  the  practice  has  had  the  effect  of  heightening  racial 
separation.  While  new  schools  were  being  built  in  response  to  increases 
in  enrollment,  busing  was  used  for  relief  of  overcrowding.  In  the  three 
school  years  between  1955  and  1958,  approximately  750  Negro  children, 
largely  from  a  public  housing  project  in  a  predominantly  white  school 
district,  were  transported  5^2  miles  across  Cincinnati  to  a  98  percent 
Negro  school  in  a  Negro  neighborhood. ^^^  The  ostensible  reason  for 
moving  them  was  the  overcrowded  conditions  in  the  regular  attendance 
districts  of  the  Negro  students.  There  were,  however,  closer  majority- 
white  schools  with  available  space. ^^^ 

The  official  explanation  for  the  busing  was  that  it  preserved  the  neigh- 
borhood school  concept: 

.  .  .  [T]he  neighborhood — the  concept  of  relationship  of  having 
children  attend  the  school  that  is  in  the  immediate  proximity  of 
the  school,  those  closest  to  it  [sic].  Now  in  this  particular  case  all 
we  did  different  from  that  is  we  picked  them  up  and  moved  them 
some  place  else  for  a  school,  but  in  terms  of  parents  we  also  tried 
to  get  the  parents  to  maintain  this  relationship  rather  than  dividing 
them  up,  into  five  different  places  and  splitting  them  in  five  differ- 
ent spots.     That's  the  only  difference.^*" 

In  this  case,  the  neighborhood  school  concept  involved  keeping  all 
children  from  the  same  neighborhood  together,  regardless  of  where  they 
attended  school. 

In  Milwaukee,  the  school  system  had  bused  white  children  for  many 
years,  picking  them  up  near  their  homes,  returning  them  at  the  end  of  the 
day,  and  almost  invariably  integrating  them  into  classes  at  the  receiving 
school. ^*^     The  practice  changed  in  1957  when  the  school  system  began 


Commission  on  Civil  Rights,  op.  cit.  supra,  note  133,  at  189-90.  See  also  Chicago 
Public  Schools,  Ten  Years  of  Growing,  1953-63,  Annual  Report  of  the  General 
Superintendent  (1964);  Benjamin  C.  Willis,  "Reoort  on  Mobile  Classrooms,"  Dec. 
31,  1961;  "Report  to  the  Board  of  Education,"  Dec.  27,  1961,  op.  cit.  supra,  note 
136,  at  3,  states:  "Our  building  program,  together  with  the  rental  of  facilities  for 
kindergarten  children  and  the  use  of  mobile  classrooms  in  double  shift  areas  will 
elimin^f:  double  shi*"t  by  the  end  of  this  school  year." 

^^  Stipulation  34,  pp.  26-31 ;  joint  exhibit  8,  117,  118,  Deal  v.  Cincinnati  Board  of 
Education,  supra,  note  98. 

""Brief  for  appellee,  p.  16,  Deal  v.  Cincinnati  Board  of  Education,  supra,  note  98; 
stipulation  34,  at  28-30. 

^"'  Testimony  of  the  former  superintendent  of  schools,  record,  1 79,  Deal  v.  Cincin- 
nati Board  of  Education,  supra,  note  98. 

"^  Social  Development  Corp.,  Milwaukee  Race  and  Education  Study,  prepared 
for  the  U.S.  Commission  on  Civil  Rights  (1966)  (hereinafter  cited  as  Milwaukee 
Study).  "Intcrschool  Busing  History — Milwaukee  Public  Schools — 1949-66" 
(taken  from  the  minutes  of  the  Board  of  Education  meetings,  1949-66,  pt.  IV  F). 
Milwaukee  Journal,  Sept.  17,  1951,  p.  15.    In  describing  the  bus  trip  of  the  first  group 

Footnote  continued  on  following  page. 

56 


busing  Negro  children  to  predominantly  white  schools.  The  Negro 
children  were  kept  in  separate  classrooms  at  the  receiving  schools.  They 
also  were  returned  home  for  lunch  even  when  the  receiving  schools  had 
lunchroom  facilities.^"  In  one  instance,  a  number  of  Negro  children 
lived  closer  to  their  white  receiving  school  than  to  the  Negro  sending 
school  where  they  were  enrolled  officially.  They  were  nonetheless  re- 
quired to  walk  to  the  sending  school  to  board  the  bus.^"  If  the  boundary 
had  been  changed,  these  children  could  have  been  enrolled  officially  in 
the  school  to  which  they  were  bused  as  a  group  and  then  could  have 
walked  to  their  neighborhood  school. 

The  practice  of  keeping  separate  the  Negro  children  who  are  bused 
has  continued  in  Milwaukee  but  now  Negro  pupils  are  permitted  to  re- 
main at  the  receiving  schools  for  lunch. ^**  After  proposals  were  made 
to  integrate  the  bused  children  fully  into  the  receiving  schools  on  an  ex- 
perimental basis,  the  board  declared  busing  to  be  educationally  unde- 
sirable and  discontinued  busing  children  from  two  majority-Negro 
schools.  ^*^ 

In  Cleveland,  the  school  board's  policy  on  busing  developed  against  a 
background  of  conflicting  community  protest.  As  a  result  of  rapidly 
increasing  Negro  enrollment,  both  double-session  classes  in  Negro 
schools  and  an  extensive  school  construction  program  were  begun  in  the 
late  1950's.     While  awaiting  the  completion  of  new  school  buildings, 

of  children  transported  in  1951  (all  white)  the  newspaper  stated:  "The  children  who 
had  taken  the  long  bus  ride  were  well  mixed  in  with  children  from  the  Auer  Avenue 
neighborhood.  They  were  separated  ...  at  lunch  time  when  the  bus  riding  pupils 
ate  hot  lunches  in  the  school  cafeteria  and  at  3:30  p.m.,  when  the  buses  came  to  take 
them  home."  White  children  rem.ained  for  lunch  at  the  receiving  school  when  there 
were  facilities. 

'"  Milwaukee  Study  at  5,  sec.  V.B. 

"'/^.  at  10,  sec.  V.B. 

"*  The  first  instance  of  lunch  for  Negro  students  at  the  receiving  school  was  in  1964. 
See  Milwaukee  Sentinel,  Jan.  31,  1964,  pt.  1,  p.  3;  Milwaukee  Study  at  10,  IV  F. 

"^  Report  of  Superintendent  of  Schools  to  Special  Committee  on  Equality  of  Edu- 
cational Opportunity,  May  20,  1966,  and  Memorandum  on  the  Meinecke  Avenue 
School,  Milwaukee  Public  Schools,  Office  of  the  Superintendent,  August  11,  1966.  In 
order  to  eliminate  busing  altogether  from  two  Negro  schools,  the  Brown  Street  School 
and  the  Lloyd  Street  School,  the  Board  leased  an  unused  Lutheran  school  (Meinecke) 
in  the  area,  which  would  accommodate  the  290  students.  Milwaukee  Sentinel,  July 
29,  1966,  pt.  I,  p.  See  also  Memorandum  on  the  Meinecke  Avenue  School,  supra. 
Meinecke  became  a  99  percent  Negro  school.  There  was  available  space  at  the  time 
in  the  84  elementary  schools  which  were  90  percent  or  more  white.  Memorandum 
on  Meinecke  Avenue  School,  supra  (creation  of  the  school)  ;  Milwaukee  Public 
Schools,  Distribution  of  Elementary  Schools,  Pupils,  and  Staff  by  Proportion  of 
Negro  Pupils  in  Milwaukee,  1965-66  (racial  composition  of  schools).  In  these 
schools  the  average  percent  of  capacity  was  73.7.  Milwaukee  Study,  Table  IX, 
"Relationship  of  Mean  Capacities  and  Enrollments  in  Elementary  Schools  to  Percent 
of  Nonwhite  Students,  and  the  Percent  of  Mean  Enrollment  of  Mean  Capacity,  1965." 
Several  citizen  and  parent  groups  rented  a  bus,  and,  under  the  Board  of  Education's 
free  transfer  plan,  began  to  transport  over  100  students  from  over-utilized  schools  to  9 
schools  in  outlying  districts.  Since  this  busing  is  not  done  under  the  auspices  of  the 
school  system,  the  children  are  integrated  at  the  receiving  schools.  Milwaukee 
Journal,  Sept.  28,  1966,  p.  24  . 

57 


nearly  2,000  Negro  elementary  school  children  from  six  majority-Negro 
schools  were  bused  to  four  underutilized  schools,  three  of  which  were 
nearly  all-white  and  the  fourth  desegregated.^^"  During  the  1962-63 
school  year,  the  Negro  children  bused  to  these  underutilized  schools  were 
kept  in  separate  classes. 

In  September  1963,  after  local  civil  rights  groups  protested  against 
keeping  the  bused  children  separate,  the  school  board  pledged  fullest 
possible  incorporation  of  transportation  pupils  into  the  receiving  schools 
consistent  with  sound  educational  practice,  but  left  the  timetable  for 
implementation  up  to  the  school  administration."'  The  school  board's 
proposal  to  desegregate  the  bused  children  was  opposed  vigorously  at 
a  meeting  with  school  officials  called  by  the  PTA  at  one  of  the  white 
receiving  schools. ""*  The  1963-64  school  year  began  with  the  bused 
children  still  being  kept  separate  from  the  schoolchildren  in  the  receiving 
schools.  In  February  1964,  after  picketing  by  civil  rights  groups,  the 
school  board  adopted  a  resolution  to  desegregate  the  classes  by  September, 
but  the  children  were  no  longer  to  be  sent  to  white  schools."^  Rather, 
they  would  be  sent  to  nearby  Negro  schools.  After  further  protest  by 
civil  rights  groups,  a  compromise  agreement  was  reached  calling  for 
the  immediate  desegregation  of  the  bused  classes.  At  the  same  time,  the 
school  board  announced  that  it  would  terminate  the  busing  as  soon  as 
possible,  announcing  a  speedup  in  the  construction  of  three  new  schools 
designed  to  absorb  the  bused  Negro  children.  On  March  9,  1964,  the 
bused  classes  were  desegregated  without  incident.^^" 

The  potential  of  busing  for  reducing  racial  concentration  in  schools 
was  not  realized  in  the  cities  discussed  above.  When  faced  with  the 
necessity  of  transporting  Negro  children  from  overcrowded  schools,  these 

'*"  See  Cleveland  Board  of  Education,  Annual  School  Housing  and  Building  Pro- 
gram Reports,  1961-62,  1962-63. 

^"  Regular  meeting  of  the  Cleveland  Board  of  Education,  Sept.  30,  1963,  "Brief  for 
Appellant",  App.  pp.  247a,  248a,  Craggett  v.  Board  of  Education  (Cleveland),  234 
F.  Supp.  381  (N.D.  Ohio,  1964). 

'*^  Cleveland  Plain  Dealer,  Oct.  16,  1963,  p.  7. 

"'  Western  Reserve  University,  Racial  Isolation  in  Cleveland  Public  Schools,  a 
study  prepared  for  the  U.S.  Commission  on  Civil  Rights,  part  II,  p.  44  (picketing) 
(hereinafter  cited  as  Cleveland  Study).  Resolution  No.  30576,  Board  of  Educa- 
tion, adopted  Feb.  10,  1964.    Cleveland  Study,  48a,  48b,  and  48c. 

^^  In  its  haste  to  complete  the  new  school  buildings  and  to  end  the  transportation 
of  the  Negro  children,  the  board  rescinded  the  contracts  with  the  architects  for  two  of 
the  new  schools  and  used  instead  the  drawings  and  specifications  of  the  board's  own 
architects  which  previously  had  been  approved  by  the  board.  Craggett  v.  Board  of 
Education,  supra,  note  147,  at  384. 

Further,  when  the  first  of  the  new  schools  was  ready  for  occupancy,  the  attendance 
boundaries  were  drawn  to  include  the  bused  children  even  though  the  school  itself 
was  not  initially  located  within  its  own  boundaries.  Id.  Reply  Brief  and  Appendix  of 
Plaintiff's  at  14a-15a;  excerpt  from  vol.  Ill  of  the  deposition  of  Theodore  Hartman, 
chief  of  the  Bureau  of  Housing,  Equipment,  and  Supplies,  Cleveland  School  System. 
The  board  nonetheless  insisted  that  its  actions  represented  a  return  to  the  neighbor- 
hood school  policy.  "The  evidence  clearly  shows  the  board  felt  neighborhood  schools 
were  more  desirable  than  transported  classes."  Craggett  v.  Board  of  Education,  supra, 
note  147,  at  387. 

58 


school  systems  chose  either  to  bus  the  children  to  other  Negro  schools  or 
to  keep  them  separate  from  the  children  at  white  receiving  schools.  In 
one  of  the  cities,  the  Negro  children  were  integrated  into  the  white  re- 
ceiving schools  but  only  after  community  protest.  Further,  the  busing 
was  only  a  temporary  measure.  The  solution  chosen  to  meet  the  problem 
of  overcrowding  in  majority  Negro  schools  was  the  construction  of  addi- 
tional schools  in  Negro  neighborhoods. 

♦  *  * 

The  system  of  geographic  school  attendance,  imposed  upon  segregated 
housing  patterns,  provides  the  broad  base  for  racial  isolation  in  Northern 
schools.  In  earlier  years,  city  school  attendance  areas  encompassed  con- 
siderably more  territory  and  a  more  heterogeneous  population.  In  recent 
decades,  as  geographical  attendance  areas  have  become  smaller  and 
residential  segregation  has  intensified,  city  schools  have  become  more 
socially  and  racially  homogeneous.  At  the  same  time,  the  concept  of 
neighborhood  has  been  changing.  Greater  population  mobility  and 
significant  changes  in  the  pattern  of  urban  life  generally  have  tended  to 
diffuse  traditional  neighborhood  patterns.  In  city  school  systems,  on  the 
other  hand,  children  attend  schools  closer  to  their  homes  than  in  the  past. 
Today,  geographical  school  zoning  in  itself  is  the  basis  for  persistently 
high  levels  of  school  segregation. 

School  segregation  has  been  compounded  by  other  school  policies  and 
practices.  Purposeful  school  segregation,  apparently  a  legacy  of  an  era 
when  laws  and  policies  in  a  number  of  places  in  the  North  expressly  au- 
thorized segregation  by  race,  has  been  found  in  recent  years  in  a  few 
Northern  cities.  Apparently  neutral  decisions  of  school  officials  often 
have  a  similar  effect.  Decisions  on  school  sites,  size  of  school,  attendance 
areas,  and  methods  of  relieving  overcrowded  schools  offer  school  officials 
wide  latitude  for  maintaining  or  reducing  racial  isolation  in  the  schools. 
In  many  Northern  and  Western  school  systems  the  effect  of  these  de- 
cisions has  been  to  perpetuate,  rather  than  reduce,  separation  in  the 
schools. 

Southern  and  Border  State  Schools 

School  segregation  in  the  Southern  and  border  States  was  sanctioned 
by  law  until  the  1954  Brown  decision.  As  the  elements  of  legal  compul- 
sion have  been  removed,  the  causes  of  racial  isolation  in  Southern  and 
border  city  schools  have  become  more  complex.  Today  it  is  attributable 
to  remnants  of  the  dual  school  system,  methods  of  student  assignment, 
residential  segregation,  and  to  those  discretionary  decisions  familiar  in 
the  North — site  selection,  school  construction,  transfers,  and  the  deter- 
mination of  where  to  place  students  in  the  event  of  overcrowding. 

59 


Geographical  Considerations 

Residential  Segregation. — After  the  Brown  decision,  two  main  ap- 
proaches to  school  desegregation  were  taken  in  Southern  and  border 
cities.  The  first  was  to  convert  the  dual  attendance  zones,  drawn  accord- 
ing to  race  and  sometimes  overlapping,  into  single  attendance  zones 
without  regard  to  race.  Ostensibly,  student  assignment  would  then  de- 
pend only  on  proximity  and  convenience.  The  second  was  to  allow 
students  some  freedom  of  choice  in  their  assignment.  Common  to  the 
many  variations  of  the  free  choice  approach  is  the  principle  that  if  more 
students  choose  a  given  school  than  it  can  accommodate,  first  priority 
will  be  given  those  students  living  in  the  school's  immediate  area. 

In  all  approaches  to  desegregation  in  Southern  and  border  cities,  then, 
residence  is  an  important  factor  in  determining  school  attendance.  Since 
residential  segregation  generally  is  as  intense  in  Southern  and  border 
cities  as  in  Northern  cities,^^^  the  racial  composition  of  Southern  and 
border  city  schools  substantially  reflects  the  pattern  of  residential 
segregation. 

St.  Louis  is  a  case  in  point.  There,  the  school  administrators  volun- 
tarily complied  with  the  Brown  decision  in  1954  by  converting  from  dual 
to  single  attendance  school  zones  over  a  two-year  period. ^^^  The  new  at- 
tendance zones  were  established  after  carefully  counting  public  school 
children  on  a  block-by-block  basis  without  regard  to  race.^"  Residential 
segregation  was  extensive,  however,"^  and  relatively  few  boundary 
changes  were  made  in  converting  from  dual  to  single  attendance  zones.^^^ 
Most  of  the  all-Negro  school  remained  unchanged. ^^°    By  1965,  91  per- 


^^  See  Taeuber  and  Taeuber,  supra,  note  49,  37.  The  mean  residential  segregation 
index  for  Southern  cities  is  90.9  for  1960,  compared  to  83.0  for  cities  of  the  North  and 
West.  The  index  for  Cleveland  is  91.3;  for  Nashville,  91.7.  The  index  for  Gary  is 
92.8;  for  Memphis,  92.0;  the  index  for  Tulsa  is  86.3;  for  Buffalo,  86.5    Id.  at  39-40. 

'^' St.  Louis  Study  35  (1966). 

'"'Valien,  The  St.  Louis  Story,  A  Study  of  Desegregation,  27-28  (1956);  St. 
Louis  Study  at  6. 

^^  In  1960,  the  index  of  residential  segregation  in  St.  Louis  was  90.5.  Taeuber  and 
Taeuber,  supra,  note  49,  at  33. 

^  According  to  a  statement  by  the  Superintendent  of  Schools,  Dr.  Philip  G.  Hickey, 
quoted  on  Sept.  4,  1955,  in  the  St.  Louis  Post  Dispatch,  62  out  of  119  elementary 
school  boundaries  were  changed  in  the  conversion  from  a  dual  to  a  geographical  zon- 
ing plan.  An  examination  of  the  elementary  school  boundary  lines  in  1954-55,  before 
desegregation,  and  in  1955-56,  after  redistricting,  shows  that  there  were  very  few 
changes  in  the  formerly  "white"  districts.  The  "Negro"  districts  which  reached  out  to 
cover  the  few  Negroes  living  in  the  south  and  southeast  were  cut  back  to  the  Negro 
area.  St.  Louis  Study,  based  on  boundaries  specified  in  the  minutes  of  the  Board  of 
Education  of  St.  Louis,  1954-55  and  1955-56. 

'^  For  high  schools,  see  Valien,  supra,  note  153,  at  38.  The  St.  Louis  Public  School 
Department  estimated  in  S°ptember,  1956,  that  37  formerly  all-white  elementary 
schools  would  have  Negro  children  in  attendance  and  13  formerly  all-Negro  elementary 
schools  would  have  white  pupils  on  their  rolls.  Thus,  73  of  the  123  elementary 
schools  would  not  be  affected  at  all.  See  St.  Louis  Public  Schools,  Desegregation  of 
St.  Louis  Public  Schools,  45-47  ( 1956) . 

60 


cent  of  the  Negro  elementary  school  children  attended  schools  that  were 
nearly  all-Negro.^"" 

Again  in  Memphis  the  new  single  attendance  zones  developed  by  the 
school  board  resulted  in  less  than  1  percent  of  the  student  body  attend- 
ing school  with  children  of  the  opposite  race.  In  a  suit  brought  against 
the  school  system,  it  was  charged  that  school  boundaries  had  been  gerry- 
mandered to  perpetuate  segregation. ^^^  An  expert  witness  for  the  Negro 
plaintiffs  showed  how  the  boundaries  could  be  redrawn  based  purely  on 
nonracial  considerations.  Under  this  system  of  neutral  boundaries,  ap- 
proximately 1,300  more  children  would  have  attended  schools  formerly 
serving  the  opposite  race.  Yet  this  still  would  have  amounted  to  only 
slightly  more  than  1  percent  of  the  total  school  enrollment. ^^^  Thus 
even  if  neutral  boundaries  had  been  drawn  for  Memphis,  the  extent 
of  school  desegregation  would  have  been  minimal  because  of  the  severe 
residential  segregation  in  the  city. 

Residential  patterns,  however,  important  as  they  are,  do  not  invari- 
ably determine  the  racial  composition  of  Southern  and  border  city 
schools.  Under  any  system  of  student  assignment  in  which  place  of 
residence  plays  an  important  role,  school  boards  and  administrators 
have  discretionary  powers  that  can  intensify  or  reduce  segregation. 
Their  decisions  often  have  served  to  reinforce  and  perpetuate  racial 
isolation. 

Site  Selection. — As  noted  in  the  discussion  of  Northern  schools,  the 
location  of  new  schools  has  a  marked  effect  on  patterns  of  isolation. 
Whether  a  school  system  uses  geographical  zoning,  free  choice,  or  a  varia- 
tion on  these  methods  of  assignment,  a  key  determinant  of  the  student 
racial  composition  is  the  location  of  the  school. 

At  the  time  of  the  Brown  decision,  Southern  educators  were  aware 
that  the  location  of  schools  was  an  important  factor  in  maintaining 
segregated  school  attendance  patterns.^'""  A  story  in  a  Memphis,  Tenn., 
newspaper  on  May  18, 1954,  is  illustrative : 

Ruling  Fails  To  Shock  City:   Officials  Sec  Little  Difficulty 

School  authorities  in  Memphis  yesterday  evidenced  no  surprise 
at  the  [Brown]  decision.  .  .  .  Mr.  Milton  Bowers,  Sr.,  President 


'^^''  St.  Louis  Study,  at  P-1  and  P-2.  "Racial  Distribution  of  Pupils,  St.  Louis 
Elementary  and  Secondary  Schools,"  based  on  St.  Louis  Public  Schools  Instruction 
Department,  The  Status  of  Integration  in  the  St.  Louis  Public  Schools  During  the 
1965-66  School  Year;  A  Factual  Report  to  the  Board  of  Education,  November,  1965, 
and  also  the  first  supplement  to  that  report  dated  October  1966. 

'='  See  Northcross  v.  Board  of  Education  (Memphis),  333  F.  2d  661  (6th  Cir.  1964). 

""  Testimony  of  Floyd  L.  Bass,  transcript,  vol.  Ill,  pp.  427,  462,  and  E.  C.  Stimbert, 
Superintendent  of  Schools,  transcript,  vol.  II,  p.  236,  Northcross  v.  Board  of  Educa- 
tion  (Memphis),  supra,  note   158.     The  total  school  enrollment  was   105,637. 

^"'  See  Southern  School  News,  January   1955,  p.   3.     The  Chairman  of  the  State 

Footnote  continued  on  following  page. 

61 


of  the  Memphis  Board  of  Education,  said,  "We  have  been  expect- 
ing this  to  happen  a  long  while.  .  .  .  We  believe  our  Negroes 
will  continue  using  their  own  school  facilities  since  most  of  them 
are  located  in  the  center  of  Negro  population  areas.  .  .  .  [Negro 
schools  are]  fully  equal  to  and  in  some  instances  better  [than  white 
schools].     We  are  very  optimistic  about  this  [ruling]."  ^^'^ 

Throughout  the  1950's,  Southern  cities  made  considerable  investments 
in  new  school  facilities.  In  Houston,  almost  every  school  constructed 
after  1955  was  located  in  racially  homogeneous  residential  areas.  Of  the 
56  Negro  schools  in  Houston  in  1965,  for  example,  49  were  newly  built 
or  enlarged  in  Negro  residential  areas  after  1955.""  One  Negro  enclave, 
entirely  surrounded  by  white  residential  areas,  had  only  five  elementary 
schools  in  1955.  Instead  of  enlarging  the  capacity  of  schools  ringing 
the  Negro  area  to  serve  both  Negro  and  white  children,  the  system  ac- 
commodated the  growing  Negro  enrollment  within  the  Negro  area.  By 
1965,  the  five  Negro  elementary  schools  had  been  enlarged  and  three 
more  elementary  schools  had  been  built  within  the  Negro  area.  They 
remained  all-Negro.  Five  of  the  seven  white  schools  outside  the  Negro 
area  were  nearly  all-white  in   1965."^     More  school  construction  is 


Board  of  Education  of  Arkansas  is  quoted :  "The  only  hope  the  schools  have  of  main- 
taining segregation  ...  (is  to  make  Negro  schools  so  attractive  that)  the  Negroes 
will  not  demand  integration.  .  .  .  However,  if  the  districts  build  adequate  facilities 
now,  in  most  instances  the  new  buildings  will  be  located  in  Negro  districts."  See  also 
Miss.  Code  Ann.,  tit.  24,  sees.  6216-01  to  6672  (Supp.  1962)  calling  for  equalizing 
Negro  schools  and  reorganization  of  school  systems  throughout  the  State.  The  intent 
of  the  equalization  program  reportedly  was  to  prevent  desegregation.  Aside  from 
building  new  Negro  schools,  the  program  called  for  "relocation  of  many  white  schools 
according  to  student  residences."  Southern  School  News,  February  1957,  13.  See 
also,  Atlanta  Constitution,  May  19,  1954,  p.  6:  "Reports  from  over  the  South  indicated 
some  areas  may  try  to  escape  the  impact  of  the  antisegregation  decree  by  'zoning' 
schools  in  natural  population  patterns.  .  .  ."  See  also  Pierce  et  al..  White  and  Negro 
Schools  in  the  South  at  297  (1955),  where  it  was  predicted  that  Southern  schools 
would  use  districting  powers  to  perpetuate  segregation. 

"*  Memphis  Commercial  Appeal,  May  18,  1954,  p.  1. 

^"^  Defendant's  exhibit  No.  3  and  plaintiff's  exhibit  No.  2,  Broussard  v.  Houston 
Independent  School  District,  C.A.  66-H-445,  S.D.  Tex.,  June  7,  1966.  See  also 
U.S.  Commission  on  Civil  Rights,  Civil  Rights,  U.S.A.,  Public  Schools,  Southern 
States  1963,  Texas,  35-38.  The  Board  first  considered  desegregation  in  1955  and 
made  it  clear  that  it  was  postponing  action  until  schools  could  be  built  to  minimize 
the  impact:  "If  the  bond  issue  is  submitted  and  approved  by  the  voters  and  a  con- 
struction program  is  carried  out  so  as  to  give  every  section  of  the  city  reasonably 
equal  and  adequate  school  facilities  and  a  liberal  policy  of  transfer  is  continued  so  that 
no  Negro  student  will  be  compelled  to  attend  against  his  will  a  school  predominantly 
white  in  student  body  and  teaching  staff,  and  no  white  child  will  be  compelled  against 
his  will  to  attend  a  school  predominantly  Negro  in  student  body  and  teaching  staff, 
it  is  our  opinion  that  such  a  course  will  be  approved  by  the  overwhelming  majority 
of  our  peoole,  both  white  and  Negro,  and  our  problems  with  reference  to  desegre- 
gation will  largely  be  resolved."    Id.  at  37-38. 

^^  Plaintiff's  exhibit  No.  2  and  defendant's  exhibit  No.  3,  Broussard  v.  Houston 
Independent  School  District,  supra  note  162.  The  new  Negro  schools  were,  Black- 
shear  (which  also  received  an  addition),  100  percent  Negro  in  1965,  and  Lockhart, 
100  percent  Negro  in  1965.     Negro  schools  receiving  additions  only  were:   Dodson 

Footnote  continued  on  following  page. 

62 


planned  under  a  1965  bond  issue,  and  the  Houston  school  superintendent 
has  identified  16  of  the  50  new  projects  as  "for  predominantly  Negro 
schools."  ''' 

The  pattern  is  similar  in  Atlanta.  Since  1954,  classroom  space  has 
for  the  most  part  been  added  in  areas  of  high  Negro  concentration  and 
schools  have  been  constructed  for  white  children  in  areas  where  few 
Negroes  lived.  Four  high  schools  which  opened  in  1960,  for  example, 
were  located  almost  at  the  city  limits  in  virtually  all-white  areas. ^''''  Dur- 
ing the  current  school  year,  two  of  the  schools  are  96  percent  white;  the 
other  two  are  1 00  percent  white. ^'""^  Atlanta's  proposed  1 966  school  build- 
ing program  continues  to  emphasize  construction  in  racially  homogeneous 
residential  areas.  Three  new  elementary  schools,  two  high  schools,  and 
additions  to  an  elementary  and  two  high  schools  are  planned  for  Negro 
residential  areas.  There  also  are  plans  to  purchase  additional  land  for  the 
expansion  of  one  of  the  white  high  schools  on  the  fringe  of  the  city."' 

This  pattern  is  common  throughout  the  South.  As  Table  10  shows, 
the  great  majority  of  Southern  and  border  State  elementary  schools  built 


(2  additions),  Douglass  (1  addition),  J.  W.  Jones  (1  addition),  Dunbar  (1  addition) 
and  Turner  (1  addition) — all  100  percent  Negro  in  1965.  One  new  white  school. 
Rusk  (newly  constructed  in  1960),  was  99  percent  white  in  1965.  Montrose,  Fannin, 
Lubbock,  and  Lantrip,  existing  white  schools  ringing  the  ghetto,  were  99-100  percent 
white  in  1965.  Two  other  formerly  all-white  schools  outside  the  ghetto,  MacGregor 
and  Southland,  were  58  percent  Negro  and  32  percent  Negro  in  1965. 

"'  Testimony  of  Dr.  Glenn  Fletcher,  Acting  Superintendent,  Record,  vol.  II,  p.  256, 
Broussard  v.  Houston  Independent  School  District,  C.A.  supra  note  162.  Plaintiffs 
in  this  case  (still  in  progress  at  this  writing)  are  seeking  to  enjoin  the  system  from 
constructing  further  schools  in  segregated  residential  areas.  Brief  for  plaintiff,  pp. 
9-10,  Broussard  v.  Houston  Independent  School  District.  Defendants  base  their  argu- 
ment on  the  educational  desirability  of  neighborhood  schools  and  the  absence  of  legal 
requirement  to  take  positive  steps  to  achieve  racial  balance  in  the  schools.  Record, 
vol.  V,  p.  1173,  Broussard  v.  Houston  Independent  School  District.  The  pattern  of 
placing  new  schools  in  racially  homogeneous  areas  is  maintained  in  the  school  system's 
plans  for  a  building  program  to  meet  the  anticipated  growth  in  enrollment  by  1970. 

'"■'  For  the  racial  composition  of  each  new  school  facility  constructed  since  1954,  see 
Clark  College,  Race  and  Education  in  Atlanta,  a  study  prepared  for  the  U.S.  Com- 
mission on  Civil  Rights  [hereinafter  cited  as  Atlanta  Study]  100-109.  The  four 
white  high  schools  referred  to  in  the  text  are  Therrell,  Dykes,  East  Atlanta,  and 
George.  {Id.  at  29.)  For  a  map  of  Negro  residential  areas  in  Atlanta,  see  Atlanta 
Study,  overlays  based  on  Atlanta  Region  Metropolitan  Planning  Commission,  "Popu- 
lation and  Housing"  ( 1965) . 

"^'  Information  concerning  the  racial  composition  of  Atlanta  public  schools  as  of 
September  1966  was  obtained  by  the  Commission  staff  from  John  W.  Haldeman  of 
the  office  of  the  Superintendent  of  Schools  of  Atlanta,  by  telephone  interview  on 
Nov.  4,   1966. 

'^"^  Atlanta  Study  at  98.  See  also  the  Atlanta  school  board's  Proposed  1966 
Building  Program,  map,  and  list  of  proposed  construction  projects,  distributed  by  the 
school  board  during  the  campaign  for  the  1966-67  bond  issue. 

63 


or  enlarged  since  1950  are  nearly  all-white  or  nearly  all-Negro/''^  In  San 
Antonio,  six  of  the  city's  seven  nearly  all-Negro  elementary  schools  were 
built  or  enlarged  since  1950;  in  Houston,  42  of  the  city's  44  Negro  ele- 
mentary schools  were  built  or  enlarged  since  1950. 


Table    10. — Elementary  school  construction  in   11    Southern   cities,    1960-65 


(a) 
City 

(b) 

Number  schools 

newly  built  or 

enlarged  by 

addition 

(c) 

Number  opened 
90-100  percent 

white  and  were 
90-100  percent 
white  in  1965 

(d) 

Number  opened 
90-100  percent 

Negro  and  were 
90-100  percent 
Negro  in  1965 

(e) 

Percent  total 

Negro  enrollment 

in  1965  attending 

schools  listed  in 

column  (d) 

Nashville 

Tulsa 

San  Antonio.  _    _ 

46 

50 

57 

20 

9 

19 

106 

133 

74 

63 

31 

36 
41 
43 
7 
3 
13 
79 
87 
13 
25 
12 

9 

6 

6 

12 

2 

5 

11 

42 

35 

34 

6 

58.7 
54.7 
59.  0 

Richmond 

Lexington,  Ky 

Knoxville 

Dallas 

Houston 

Baltimore 

Atlanta 

Kansas  City,  Mo 

58.8 
49.7 
68.8 
44.  3 
91.  5 
42.  3 
70.  3 
25.6 

Not  only  did  most  of  these  schools  open  almost  totally  segregated  but 
they  remained  so  in  1965.  In  Richmond,  this  was  true  for  all  but  one  of 
the  new  elementary  schools  constructed  or  enlarged  since  1950.  In  At- 
lanta, it  was  true  for  all  but  four  schools.  In  Nashville,  59  percent  of 
the  total  Negro  elementarv'  enrollment  attended  schools  that  were  almost 
entirely  Negro  at  the  time  of  construction  and  remained  so  in  1965.  In 
Knoxville,  the  figure  was  69  percent  and  in  Houston  92  percent. 

School  Size. — In  addition  to  the  selection  of  sites  for  new  schools, 
decisions  on  school  size  are  important.  The  size  of  a  school  determines 
the  number  of  children  who  may  attend,  whether  or  not  the  school 
assigns  students  strictly  on  the  basis  of  geographic  zoning.  Although  a 
school  may  be  located  where  it  is  possible  to  draw  a  racially  mixed  stu- 
dent body,  its  size  may  so  Umit  the  area  it  can  serve  that  it  will  be 
segregated.  A  school  in  a  Negro  enclave  surrounded  by  whites,  for 
instance,  could  be  constructed  large  enough  to  accommodate  both  the 
Negro  and  white  children,  or  so  small  that  it  could  serve  only  the  Negro 
children  in  the  enclave. 


^^  All  school  construction  and  enrollment  data  from  official  school  documents  for 
each  system  listed  in  the  table.  In  St.  Louis,  of  the  45  elementary  schools  built  since 
1954  or  enlarged  by  addition  since  1961,  4  were  10  to  90  percent  Negro  in  1965. 
Four  are  known  to  have  opened  less  than  10  percent  Negro  and  to  have  remained  so, 
and  21  opened  more  than  90  percent  Negro  and  remained  so.  Forty  percent  of  the 
1965  Negro  elementary  enrollment  attended  these  21  schools.  The  racial  composition 
of  15  of  the  45  schools  at  the  time  construction  was  completed  is  unknown.  Thirteen 
of  these  were  more  than  90  percent  Negro  in  1965.  St.  Louis  Study,  exhibits  E-5, 
E-6  and  P-1  and  P-2. 

64 


Size  also  is  a  consideration  when  school  officials  must  decide  which 
schools  should  be  enlarged  and  what  their  enlarged  capacity  should  be. 
These  decisions  can  determine  a  school's  racial  composition.  For  ex- 
ample, the  Sojourner  Truth  Elementary  School  in  San  Antonio  opened 
in  1950  as  a  192-pupil  school  to  serve  a  very  small  Negro  residential  area 
completely  surrounded  by  whites.  Four  blocks  away  was  a  white  school, 
Hidalgo.  In  1959,  Hidalgo  was  enlarged,  but  only  enough  to  accommo- 
date its  nearly  all-white  student  body.  In  the  1959  school  year,  Hidalgo 
enrolled  346  students,  2  of  whom  were  Negroes.  Sojourner  Truth,  which 
was  not  enlarged,  remained  all-Negro .^*^^ 

The  Sam  Hill  Elementary  School,  in  Knoxville,  is  another  example 
of  the  effects  of  decisions  regarding  school  size.  The  school  was  built  in 
1952  to  serve  a  small  Negro  area.  In  1958,  in  order  to  contain  an  ex- 
panding Negro  population,  it  was  enlarged  to  a  capacity  of  about  400. 
Yet  two  blocks  away  was  the  all-white  Londale  Elementary  School,  which 
in  1960  was  underenroUed  by  over  100  pupils.  In  1965  Sam  Hill  re- 
mained all-Negro,  and  Lonsdale  was  98  percent  white.^ '° 

Grade  Structure. — Another  factor  determining  the  racial  composition 
of  a  student  body  is  the  number  of  grades  accommodated  by  the  school. 
Ordinarily,  the  fewer  the  grades  the  narrower  the  age  limits  and  the 
larger  the  geographical  area  that  can  be  served.  Conversely,  the  more 
grades  taught  at  a  school  the  smaller  the  area  it  will  serve.  There  have 
been  a  number  of  instances  in  Southern  and  border  cities  where  schools 
have  served  more  grades  than  is  customary  and  this  deviation  from 
normal  school  practice  has  had  the  efTect  of  presenting  school  segregation. 

The  Meigs  School  in  Nashville  serves  grades  1  to  12.  It  is  the  only 
school  in  the  city  serving  12  grades.  Most  Nashville  schools  are  orga- 
nized on  a  6-3-3  or  an  8-4  pattern.  The  school  is  located  in  a  small 
Negro  area  and  was  all-Negro  in  1 965.^"' 

The  Dunbar  Junior-Senior  High  School  in  Lexington,  Ky.,  is  the  only 
secondary  school  in  the  city  that  combines  a  junior  and  senior  high  school. 
It  is  located  in  a  Negro  area  and  serves  an  all-Negro  student  body,  com- 
prising 80  percent  of  all  Negro  secondary  students  in  the  city.  Since 
1949,  it  has  been  enlarged  twice  to  accommodate  its  all-Negro 
enrollment.^'" 


^^  School  data  from  San  Antonio  school  system.  Racial  composition  of  neighbor- 
hoods for  San  Antonio,  and  for  cities  referred  to  in  notes  170-172  infra,  from  U.S. 
Bureau  of  Census,  U.S.  Census  of  Housing:   1960,  Series  HC(3) . 

^'^  School  locations  from  Dolph's  Map  of  Greater  Knoville,  Tenn.  Other  data 
supplied  by  the  Knoxville  school  system. 

^^  School  locations  from  Arrow  Official  City  Map;  Greater  Nashville,  Tenn. 
Other  dT.ta  supplied  by  the  Nashville  school  system. 

"-  School  locations  obtained  from  U.S.  Office  of  Education.  Other  data  supplied 
by  the  Lexington  school  system.     The  J.  N.   Ervin  School    (all-Negro)    in  Dallas  is 

Footnote  continued  on  following  page. 

65 


Thus  the  location,  size,  and  grade  structure  of  school  facilities  can  be 
key  factors  in  determining  a  school's  racial  makeup.  Decisions  on  loca- 
tion, size,  and  grade  structure  of  school  facilities  often  have  ser\'ed  to 
perpetuate  racial  separation  in  Southern  and  border  State  schools.  In 
addition,  the  manner  in  which  free  choice  systems  have  been  administered 
sometimes  has  contributed  to  school  segregation. 

Free  Choice  Provisions 

Under  the  free  choice  plans  prevalent  in  the  South,  students  generally 
are  permitted  or  required  to  state  a  preference  for  the  schools  they  wish 
to  attend.  If  more  students  choose  a  given  school  than  it  can  accommo- 
date, priority  typically  is  given  to  students  who  reside  in  the  immediate 
area.  Thus,  geographical  considerations  may  influence  the  racial  com- 
position of  the  schools  even  under  free  choice  plans.  Under  these  plans, 
however,  considerations  unrelated  to  geography  also  determine  racial 
composition.  In  Houston,  for  example,  although  dual  attendance  areas 
officially  are  abolished,  children  automatically  are  re-enrolled  in  schools 
they  previously  attended  under  the  system  of  dual  boundaries,  and  their 
younger  brothers  and  sisters  also  are  given  preference  at  these  schools. 
Other  children  are  permitted  to  enroll  only  if  there  is  space  to  accom- 
modate them.  The  fact  that  a  Negro  child  may  live  closer  to  a  white 
school  than  some  of  the  white  children  does  not  guarantee  that  he  will  be 
accepted.^" 

Even  where  race  is  not  a  factor  in  the  initial  school  assignment  of 
children,  school  officials  may  influence  the  exercise  of  choice  in  ways 
that  intensify  segregation.  In  Atlanta,  the  superintendent  of  schools 
sent  a  letter  to  the  parents  of  children  in  the  Kirkwood  School  ( 1 00  per- 
cent white ) ,  which  was  located  in  an  area  becoming  all-Negro,  notifying 
them  that  Negroes  were  being  permitted  to  transfer  to  Kirkwood.  The 
white  children  transferred  elsewhere  and  the  Kirkwood  School,  which 
had  been  all-white  in  1964,  was  all-Negro  in  1965.''* 

another  example.  It  is  the  only  school  in  the  system  serving  12  grades.  It  is  lo- 
cated in  a  Negro  area.  The  South  Oak  Cliff  High  School,  grades  10-12,  serving  the 
adjacent  white  area  had  only  9  Negro  children  enrolled  in  1965.  Data  supplied  by 
the  Dallas  school  system. 

^'^  Broussard  v.  Houston  Independent  School  District,  supra  note  162,  at  423-424; 
see  also  Houston  Independent  School  District,  Superintendent's  Bull,  Aug.  4,  1966. 

^'*  Atlanta  Journal,  Feb.  15,  1965,  p.  1.  In  a  footnote  to  Calhoun  v.  Latimer,  10 
Race  Rel.  L.  Rep.  621  (1965),  the  Federal  district  court  described  the  facts  sur- 
rounding the  change  of  the  Kirkwood  School  from  all-white  to  all-Negro,  as  follows: 
"A  typical  instance  of  [rapid  changes  in  residential  patterns]  involved  the  Kirkwood 
Elementary  School,  formerly  all-white,  but  in  an  area  where  the  sudden  and  sub- 
stantial influx  of  Negroes  left  the  latter  without  adequate  school  facilities.  The  board 
allowed,  but  did  not  compel,  white  students  to  transfer  to  Wesley  and  Whiteford 
Elementary  Schools,  and  gave  a  choice  to  the  faculty  of  the  Kirkwood  School  to  remain 
or  leave,  and  the  principal  of  the  latter  with  some  other  personnel,  remained  at  the 

Footnote  continued  on  following  page. 

66 


There  are  other  factors  that  impede  desegregation  under  free  choice 
plans.  A  prerequisite  to  the  exercise  of  free  choice  by  white  and  Negro 
students  would  appear  to  be  the  elimination  of  racial  identification  of 
schools.  The  racial  identity  of  Southern  schools,  however,  is  maintained 
in  a  variety  of  ways.^'^  One  is  the  continued  segregation  of  teaching 
staff.  In  Houston,  for  example,  only  six  of  the  city's  more  than  200 
schools  had  any  desegregation  of  their  full-time  staffs  in  1965.  This  in- 
volved only  17  out  of  some  9,500  teachers  in  the  city.^"'''  In  Louisville, 
84  percent  of  the  Negro  teachers  taught  at  schools  more  than  90  percent 
Negro.^'''  In  Atlanta,  only  four  of  the  59  schools  90  percent  or  more 
Negro  had  any  white  teachers  by  1965.^'^  In  Baltimore,  85  percent  of 
the  Negro  staff  were  in  schools  more  than  90  percent  Negro  in  1965. 
The  story  is  the  same  in  many  other  cities.^'" 


Kirkvvood  School."  The  court  found,  in  discussing  the  use  of  proximity  as  a  criterion 
for  transfers  that  this  was  perfectly  proper:  "Another  illustration  [of  shifting  popu- 
lation] is  Kirkwood  Elementary  School  above  referred  to  where,  although  it  was  not 
covered  at  the  time  by  the  Atlanta  plan,  the  large  influx  of  Negroes  into  the  com- 
munity was  solved  by  voluntary  application  of  many  white  students  for  transfers  to 
Wesley  and  Whiteford  Schools,  making  room  for  Negroes  in  close  proximity  to 
Kirkwood.    No  discrimination  was  practiced  in  this  regard."    Id.  at  625. 

''^  In  Houston,  for  example,  the  Research  Department  still  arranges  its  files  according 
to  "white"  and  "colored"  schools.  (Observed  in  staff  visit  to  Houston  public 
schools,  Aug.  1966.)  In  the  fall  of  1964,  reports  of  the  results  of  achievement  test 
scores  were  sent  to  junior  high  school  principals.  The  reports  sent  to  Negro  schools 
were  labeled  results  of  "Colored  Junior  High  Schools."  Averages  were  given  by  "City 
(White)  ;  City  (Colored)  ;  Your  School."  Reports  of  the  same  test  results  sent  to 
white  schools  were  broken  down  by  averages  for  "City"  and  "Your  School."  Negro 
test  score  results  were  not  included  in  the  "City"  average.  PlaintifT's  Ex.  No.  18, 
Broussard  v.  Houston  Independent  School  District,  supra  note  162.  In  Baltimore, 
the  Merganthaler  Vocational  High  School  was  opened  in  1953  for  a  white  student 
body.  (Baltimore  City  Public  Schools,  Directory  of  the  Public  Schools  of  Baltimore, 
Md. — 1953-54,  77.)  At  the  same  time  a  new  Negro  vocational  high  school  was 
planned.  {Southern  School  News,  September  1954,  7.)  In  1954,  when  the  schools 
were  desegregated,  Negro  children  remained  in  their  old  school  awaiting  completion  of 
the  new  school,  and  Merganthaler  remainder  virtually  all-white.  (Information  ob- 
tained from  Miss  Clara  Grether,  Research  Specialist,  Bureau  of  Research,  Baltimore 
City  Public  Schools;  Baltimore  City  Schools,  Net  Roll  by  Grades  and  Types  as  of  Octo- 
ber 1954 — White  and  Negro — Taken  from  Child  Population  Register.)  In  1955,  the 
new  Negro  school  opened.  It  was  named  Carver  and  had  an  all-Negro  student  body. 
(School  construction  data  for  1955,  supplied  by  Bureau  of  Research,  Baltimore  City 
Public  Schools.)  Both  of  these  schools  draw  students  from  all  parts  of  the  city.  In 
1965  they  remained  segregated.  Baltimore  City  Public  School,  Net  Roll  by  Race,  Oct. 
31 ,  1965.  See  also  U.S.  Commission  on  Civil  Rights,  Survey  of  School  Desegrega- 
tion in  the  Southern  and  Border  States,  1965-66,  33-35  (1966). 

^'"  Broussard  v.  Houston  Independent  School  District,  Defendants  Ex.  No.  3,  op.  cit. 
supra,  note  162. 

^''  Samuel  V.  Noe,  Superintendent  of  Schools,  Status  of  Desegregation  in  the 
Louisville  Public  Schools,  Sept.  23,  1966  (Oct.  17,  1966),  and  State  Department  of 
Education,  Integration  in  the  Public  Schools  of  Kentucky,  Oct.  1 965. 

^'*  Data  received  from  Atlanta  Public  Schools. 

^'^  City  of  Baltimore,  Bureau  of  Research,  Department  of  Education,  Faculty  By 
Race,  September  30,  1965.  In  Raleigh,  N.C.,  staff  segregation  on  the  elementary 
level  remained  complete  in  1965,  so  that  all  but  54  Negro  elementary  children 
attended   all-Negro  schools  with  all-Negro  staffs.      (Source:    Raleigh   Public  School 

Footnote  continued  on  followinjr  page. 

67 


The  availability  of  transportation  to  a  school  outside  one's  neighbor- 
hood also  limits  the  exercise  of  choice.  In  some  cases  transportation  is 
available  only  on  a  basis  which  will  promote,  not  reduce,  segregation. 
In  Houston,  for  example,  bus  routes  devised  to  serve  the  dual  school 
system  were  not  revised  when  the  dual  system  was  abolished  officially. ^^° 
Consequently,  in  1965,  children  received  transporation  only  as  it  was 
routed  to  schools  under  the  dual  attendance  system.  In  many  instances, 
buses  traced  the  actual  boundaries  of  the  abolished  dual  areas.^*'  The 
vehicles  traveled  long  distances  to  carry  Negro  children  past  white  schools 
to  Negro  schools,  and  while  children  past  Negro  schools  to  white  schools. 
White  children  living  in  the  Piney  Point  area,  served  by  a  Negro  school, 
received  transportation  to  the  all-white  Pilgrim  school.'^"  Since  the 
buses  were  not  routed  to  carry  Negro  children  to  white  schools,  many 
Negro  children  could  not  choose  to  attend  white  schools  for  lack  of 
transportation. ^^^ 

The  exercise  of  free  choice  also  is  limited  by  school  authorities'  deter- 
minations of  what  constitutes  overcrowding.  If  different  standards  are 
applied  to  majority- white  and  majority-Negro  schools,  they  can  maintain 
or  intensify  segregation. 

The  Board  of  Education  in  Baltimore  provided  that  when  a  school  was 
in  danger  of  becoming  overcrowded,  its  usual  open  enrollment  program 
could  be  discontinued  and  the  school  "districted,"  permitting  the  attend- 


System.)  In  Richmond,  Va.,  all  but  two  Negro  elementary  teachers  remained  at 
all-Negro  schools  in  1965.  Twenty-four  white  elementary  teachers  taught  at  four 
schools  90  percent  or  more  Negro.  Ninety-five  percent  of  the  Negro  elementary  chil- 
dren in  1965  attended  Negro  schools  with  virtually  all-Negro  staflFs.  (Source:  Rich- 
mond Public  School  System.)  In  Wilmington,  Del.,  where  pupil  and  staff  desegrega- 
tion was  more  advanced  in  1965,  40  percent  of  the  Negro  elementary  children 
remained  at  nearly  all-Negro  schools  with  virtually  all-Negro  staffs.  Seventy-six  per- 
cent of  the  Negro  elementary  staff"  remained  at  schools  90  percent  or  more  Negro. 
(Source:  Wilmington  Public  School  System.)  See  also  App.  A,  Table  1,  for  extent  of 
staff  desegregation  in  Southern  and  border  cities. 

^'^''  Broussard  v.  Houston  Independent  School  District,  Record,  Vol.  Ill,  pp.  590, 
609,  611,  supra,  note  162.  The  director  of  school  transportation  testified  that  the 
bus  routes  used  during  the  1965-66  school  year  were  the  same  as  those  used  when  the 
system  had  been  segregated.  He  stated  that  practices  would  be  revised  for  the  1966-67 
school  year  so  that  Negro  children,  riding  a  "Negro  bus"  that  passed  a  white  school, 
could  alight  at  the  white  school  if  they  wished.  If  the  demand  were  sufficient,  buses 
would  also  carry  children  from  Negro  areas  to  white  schools.  However,  demand  had 
to  be  made  known  by  the  middle  of  August.  It  seems  unlikely  that  the  demand  could 
be  known  by  the  middle  of  August,  since  the  choice  period  was  not  until  the  end  of 
August.  Furthermore,  the  system  did  not  publicize  the  revised  transportation  policies, 
making  it  likely  that  many  Negro  children  would  not  choose  a  white  school,  thinking 
there  was  no  possible  way  to  get  there.  See  Houston  Independent  School  District, 
"Letter  to  Parents  on  Registration,"  Aug.  5,  1966. 

'''^  Houston  Independent  School  District,  Report  on  Geographical  Sources  for 
School  Bus  Transportation,  Pupils  Eligible  and  Ineligible,  (Dec.  16,  1965)  and 
official  school  board  map  of  elementary  boundaries,  1964-65. 

"= Ibid. 

^^  StafT  interviews  with  Mrs.  Gertrude  Barnstone  and  Mrs.  Ch.arles  White,  board 
members,  Houston  Independent  School  District,  Prof.  William  McCord,  Department  of 
Sociology,  Rice  University,  and  Rev.  and  Mrs.  William  Lawson,  August  1966. 

68 


ance  only  of  those  children  residing  within  the  geographical  district  lines.^^* 
But  different  standards  of  overcrowding  were  used  for  white  and  Negro 
schools.  White  schools  were  districted  when  equally  crowded  Negro 
schools  were  not.  Some  Negro  schools  were  put  on  double  shift.^®^  One 
of  the  criteria  used  by  administrators  for  determining  when  a  school  was 
threatened  with  overcrowding  was  when  the  area  surrounding  the  school 
was  "in  the  process  of  changing  from  a  white  to  a  Negro  residential 
area."  ^^°  The  arrangement  of  these  district  lines  sometimes  had  the  ef- 
fect of  maintaining  racial  separation  in  racially  mixed  areas.  An  exam- 
ple was  Baltimore's  Elementary  School  242,  which  was  all-white  in  1954. 
That  year  the  boundary  lines  were  extended  to  include  the  white  children 
living  in  an  area  that  was  becoming  predominantly  Negro.  As  a  result, 
School  242  was  nearly  50  percent  over  capacity.  A  nearby  Negro  school 
opened  the  same  year  well  under  capacity.^^" 

Only  limited  school  desegregation  has  been  achieved  under  free  choice 
plans  in  Southern  and  border  city  school  systems.  A  combination  of 
factors  has  operated  to  retard  school  desegregation  under  these  plans. 
Some  factors,  such  as  the  use  of  racial  criteria  in  honoring  student  prefer- 
ences, the  maintenance  of  school  staff  segregation,  and  the  perpetuation 
of  dual  boundaries  through  bus  transportation  routes,  can  be  readily  iden- 
tified as  interfering  with  the  exercise  of  free  choice  and  impeding  progress 
in  school  desegregation.  Other  factors,  including  deeply  entrenched 
patterns  of  dual  attendance  in  Southern  and  border  city  schools,  cannot 
be  assessed  so  easily.  Nonetheless,  the  degree  of  school  segregation  in 
these  free-choice  systems  remains  high.  In  some  instances  racial  isolation 
is  greater  than  it  would  be  under  a  strict  system  of  geographical  zoning. 
In  Atlanta,  for  example,  the  nearest  high  school  for  many  elementary 
students  attending  Bolton  (100  percent  white),  Chattahoochee  (100 
percent  white),  and  Mount  Vernon  (92  percent  white)  is  Archer  High 
School  (100  percent  Negro).  Under  strict  geographical  zoning  these 
three  elementary  schools  normally  would  feed  into  Archer  High  School. 
Under  Atlanta's  free  choice  system,  however,  students  graduating  from 


''^Baltimore  Public  Schools,  Desegregation  Policies  and  Procedures,  1954-63,  May 
22,   1963,  at  2-3,   10-11. 

^^  The  average  percentage  enrollment  of  capacity  for  nearly  all-Negro  elementary 
schools  in  1954  was  138.6  percent,  whereas  for  nearly  all-white  schools  it  was  123.1 
percent.  Yet,  only  one-fifth  of  the  Negro  schools  were  districted  compared  to  one- 
third  of  the  white  schools.  Computed  from  capacity  and  enrollment  figures  given 
in  City  of  Baltimore,  Bureau  of  Research,  Department  of  Education,  Physical  and 
Administrative  Details  of  School  Buildings,  1954. 

^^  Baltimore  Public  Schools,  op.  cit.  supra  note  184,  at  10,  11. 

^^  Id.  at  88;  see  map  of  Baltimore,  Md.,  for  location  of  schools;  for  school  capacity 
and  enrollment  figures,  see  Baltimore  Department  of  Education,  supra  note  185. 
Memorandum  to  the  School  Plant  Planning  Committee  from  the  Bureau  of  Research, 
Oct.  24,  1956,  Subject:  Northwood  Elementary  School  No.  242  Population  Pressure 
and  the  Yorkwood  School  No.  219.  In  1959  a  new  school,  No.  209,  was  constructed 
one-half  block  west  of  the  district  Hne  for  School  No.  242.  Although  the  school  was 
located  in  an  integrated  area,  it  opened  90  percent  Negro. 

69 

243-637   O  -  67  -  6 


these   elementary  schools   attend   O'Keefe   High   School    (97    percent 
white  ).^«' 

In  Houston,  too,  some  schools — Katherine  Smith  and  Piney  Point,  for 
example — would  have  been  less  segregated  had  neutral  attendance  zones 
been  drawn.  But  under  Houston's  free  choice  plan  Smith  School  was 
all-white  and  Piney  Point  School  was  all-Negro  in  IQGS/"""  Thus  even 
in  cities  with  high  degrees  of  residential  segregation,  free-choice  plans 
sometimes  have  produced  more  rigid  school  segregation  than  under  a 
system  of  school  attendance  based  entirely  on  residence. 


In  Southern  and  border  cities,  then,  school  segregation  results  from 
a  number  of  factors.  First,  zoning  plans — even  if  free  from  gerry- 
mandering— may  result  in  school  segregation  merely  because  of  rigid 
residential  segregation.  Second,  carryovers  from  the  dual  school  system, 
such  as  transportation  and  segregated  teaching  staffs,  still  persist.  In 
addition,  school  segregation  in  Southern  and  border  cities  has  been 
furthered  by  decisions  on  site  selection,  school  size,  grade  structure, 
transfer  priorities,  and  standards  of  overcrowding. 


Summary 


The  causes  of  racial  isolation  in  city  schools  are  complex  and  the 
isolation  is  self-perpetuating.  In  the  Nation's  metropolitan  areas,  it  rests 
upon  the  social,  economic,  and  racial  separation  between  central  cities 
and  suburbs.  In  large  part  this  is  a  consequence  of  the  discriminatory 
practices  of  the  housing  industry  and  of  State  and  local  governments. 
The  Federal  Government  also  shares  in  this  responsibilit)'.  Federal  hous- 
ing policy,  for  many  years  openly  discriminatory  and  attuned  largely  to 
the  suburban  housing  needs  of  white,  affluent  Americans,  has  contributed 
substantially  to  this  separation.  Even  now,  the  Federal  Government's 
policy  on  equal  housing  opportunity  and  its  programs  aimed  at  providing 
housing  for  low-income  families  are  inadequate  to  reverse  the  trend 
toward  racial  isolation  in  metropolitan  areas. 

The  separation  between  city  and  suburban  populations  has  been  rein- 
forced by  increasing  disparities  in  wealth.     At  a  time  when  the  financial 


'^^  Atlanta  Study,  at  125  (proximity),  132  (feeder  pattern).  Telephone  inter- 
view with  John  W.  Haldeman,  Administrative  Assistant,  Office  of  Superintendent, 
Nov.  4,  1966   C  racial  composition  1966-67). 

^^^  Broussard  v.  Houston  Independent  School  District,  supra  note  162,  Plaintiff's 
Ex.  No.  2,  and  Defendant's  Ex.  No.  3.  Houston  Independent  School  District,  Report 
on  Geographic  Services  for  School  Bus  Transportation,  Pupils,  Eligible  and  Ineligible, 
Dec.  16,  1965.  White  children  were  bused  from  near  the  all-Negro  Piney  Point  School 
to  the  white  Pilgrim  School  some  distance  away.  Negro  children  were  bused  from 
near  the  all-white  Smith  School  to  the  all-Negro  Highland  Heights  School  some 
distance  away.  Because  these  children  live  so  close  to  schools  serving  the  other  race, 
were  a  neutral  boundary  to  be  drawn,  some  desegregation  would  occur. 

70 


burdens  of  central  cities  and  the  demands  for  social  services  have  been 
growing,  cities  have  been  losing  fiscal  capacity.  Cities  which  formerly 
surpassed  suburbs  in  educational  expenditures  are  now  falling  behind. 
State  education  aid  fails  to  equalize  the  growing  disparity  between  sub- 
urban and  central  city  public  schools  and  recently  enacted  Federal  aid 
programs  are  insufficient  to  reverse  the  trend.  This  disparity  adds 
further  impetus  to  the  existing  movement  of  affluent  white  families  to 
the  suburbs.  In  many  metropolitan  areas,  racial  concentrations  in  the 
central  city  schools  have  reached  the  point  where  solutions  are  no  longer 
even  theoretically  possible  within  the  city  alone. 

The  pattern  of  residential  segregation  is  reflected  within  the  central 
city  as  well.  Here,  too,  the  private  housing  industry,  and  government  at 
all  levels,  share  much  of  the  responsibility  for  creating  and  perpetuating 
residential  segregation.  Geographical  zoning  is  the  common  method 
of  determining  school  attendance  and  the  neighborhood  school  is  the 
predominant  attendance  unit.  When  these  are  imposed  upon  the  exist- 
ing pattern  of  residential  segregation,  racial  isolation  in  city  schools  is  the 
inevitable  result.  In  addition,  the  day-to-day  operating  decisions  of 
school  officials — the  location  of  new  school  facilities,  transfer  policies, 
methods  of  relieving  overcrowded  schools,  determination  of  the  boundary 
lines  of  attendance  areas — often  have  further  intensified  racial  isolation. 
In  the  North,  where  school  segregation  was  not  generally  compelled  by 
law,  these  policies  and  practices  have  helped  to  increase  racial  separation. 
In  the  South,  where  until  the  Brown  decision  in  1954  school  segregation 
was  required  by  law,  similar  policies  and  practices  have  contributed  to 
its  perpetuation. 


71 


Chapter  3 

Racial  Isolation  and  the 
Outcomes  of  Education 


Since  1954,  when  the  Supreme  Court  ruled  that  segregation  in  public 
schools  sanctioned  by  law  violated  the  Constitution,  increasing  attention 
has  been  given  to  the  effects  of  school  segregation  not  based  on  law. 
Does  such  segregation  have  a  negative  effect  upon  the  performance  and 
attitudes  of  Negro  students? 

The  question  is  difficult  to  answer,  for  it  requires  that  the  influence  of 
one  aspect  of  a  child's  education — the  racial  composition  of  his  school — 
be  determined  apart  from  all  other  relevant  factors.  The  question  is 
further  complicated  by  the  fact  that  the  intellectual  and  emotional 
development  of  children  is  related  not  only  to  their  schools  but  to  a 
much  broader  social  and  educational  context.  Apart  from  the  possible 
effects  of  a  school's  racial  composition,  the  results  of  schooling  also 
are  affected  b)  the  social  and  economic  circumstances  in  which  children 
grow  up,  the  quality  of  education  provided  in  their  schools,  and  the 
achievement  and  aspirations  of  their  classmates.  It  is  not  a  simple  matter 
to  separate  elements  which  in  reality  are  so  closely  interwoven.  And  the 
outcomes  of  education  cannot  be  measured  solely  by  children's  grades  in 
school — they  extend  also  to  their  attitudes  and  experiences  as  adults. 

There  are  a  number  of  tested  standards  by  which  the  effects  of  educa- 
tion can  be  assessed.  Although  none  is  absolutely  accurate,  each  is  a 
useful  indicator  of  the  outcomes  of  education.  Most  familiar  is  students' 
performance  on  achievement  tests.  Since  achievement  in  other  subjects 
depends  strongly  upon  reading,  tests  of  reading  or  verbal  achievement  are 
the  usual  measure  of  academic  progress.  The  effects  of  education  also 
include  children's  attitudes  and  aspirations.  Thus  measures  have  been 
devised  to  assess  the  schools'  influence  upon  these  factors. 

The  main  purpose  of  education  in  America  is  to  prepare  students  for 
future  careers  and  lives  as  citizens.  Occupational  success  now  requires 
highly  developed  knowledge  and  technical  skills,  and  public  schools 
increasingly  are  expected  to  provide  preparation  for  later  education. 
One  measure  of  their  long-range  effect,  therefore,  is  a  student's  success 
in  further  education.  Another  is  his  relative  occupational  and  economic 
attainrnent  as  an  adult. 

73 


Marked  differences  exist  between  Negro  and  white  Americans  when 
measured  by  each  of  these  standards.  The  disparities  appear  early  in 
school.  The  verbal  achievement  of  the  average  third  grade  Negro 
student  in  the  Northeastern  United  States  is  about  a  year  behind  the 
average  white  in  the  same  region.^  Differences  of  the  same  magnitude 
exist  in  all  other  regions  of  the  Nation." 

This  disparity  typically  is  greater  in  higher  grades.  The  average  third 
grade  Negro  student  in  the  Midwest  has  a  verbal  achievement  level  ap- 
proximately one  year  behind  the  average  white  student,  but  in  the  12th 
grade  the  difference  is  nearly  3  years.^  Commission  studies  in  individual 
cities  revealed  that  this  pattern  is  general.^ 

Differences  in  achievement  also  are  apparent  on  other  standard  tests. 
The  U.S.  Army  administers  tests  to  all  inductees,  the  results  of  which 
depend  upon  ".  .  .  the  level  of  .  .  .  educational  attainment  [and] 
.  .  .  the  quality  of  .  .  .  education  .  .  ."."'  The  most  recent  test  was 
given  in  1965;  it  shows  that  while  18  percent  of  all  whites  failed,  more 
than  half  of  all  Negroes  failed.*^ 

In  spite  of  these  differences  in  academic  performance,  Negro  students 


^  OE  Survey  223,  table  3.11.3.  All  data  from  the  OE  Survey  cited  in  this  chapter 
are  for  metropolitan  areas. 

-  Ibid. 

'  Ibid. 

*  In  Boston,  predominantly  Negro  schools  made  consistently  lower  median  scores  in 
reading  achievement  at  every  grade  level  tested  than  the  predominantly  white  schools. 
In  the  higher  levels,  the  difference  in  the  achievement  increased  steadily.  Boston 
Study,  Section  F-1,  tables  2  and  3. 

In  Philadelphia  differences  in  average  reading  achievement  (expressed  in  grade 
level  equivalents)  between  predominantly  Negro  and  white  schools  increased  from 
0.8  in  the  second  grade  to  3.3  in  the  tenth  grade.  Scores  from  the  School  and  College 
Aptitude  Test  for  the  eleventh  grade,  1965-66,  revealed  a  similar  disparity:  All 
schools  over  90  percent  Negro  obtained  school  percentiles  in  the  lowest  quarter. 
Generally,  the  scores  for  predominantly  white  schools  were  consistently  higher  than 
those  for  the  predominantly  Negro  schools;  the  highest  Negro  school  ranked  consid- 
erably below  the  white  schools.  (Test  scores  from  Department  of  Research  and  De- 
velopment, School  District  of  Philadelphia.) 

In  Cleveland,  a  similar  pattern  was  found.  Nearly  all-Negro  schools  start  off  at 
approximately  one  half  of  a  grade  level  below  white  schools  according  to  scores  made 
in  kindergarten  on  the  Lee  Clark  Reading  Readiness  Test;  at  the  ninth  grade  level 
medians  for  Negro  schools  typically  were  nearly  two  years  behind  white  schools; 
grade  equivalents  for  Negro  schools  ranged  from  7.7  to  8.3,  while  for  white  schools 
the  range  was  8.3  to  10.1.  By  the  twelfth  grade,  Negro  schools  were  all  below  the 
city  median,  the  white  schools  were  all  above  the  city  median,  and  the  lowest  white 
school  scored  substantially  higher  than  the  highest  score  for  the  nearly  all-Negro 
schools.  (Scores  obtained  from  Bureau  of  Educational  Research,  Cleveland  Board 
of  Education.) 

In  Atlanta,  in  1965,  in  the  Negro  schools  the  median  grade  equivalent  of  the  eighth 
grade  in  reading  achievement  was  3.9;  in  predominantly  white  schools  it  was  almost 
5  grades  higher,  8.7  (Scores  obtained  from  the  Department  of  Research,  Atlanta 
Public  Schools).  Similar  disparities  were  noticed  in  test  scores  received  from  the 
public  schools  in  Oakland,  Milwaukee,  and  St.  Louis. 

^Office  of  the  Surgeon  General,  U.  S.  Army,  21  Supplement  to  Health  of  the 
Army  2  (1966). 

"  Id.  at  8. 

74 


generally  express  a  desire  for  academic  success."  Nevertheless  they  are 
less  likely  to  have  definite  plans  to  attend  college.*^  Moreover,  Negro 
students  more  often  feel  that  they  will  be  unsuccessful  later  in  life.^ 

There  also  are  dissimilarities  when  further  education  is  considered. 
Negroes  less  often  are  enrolled  in  college  than  whites  and  they  are  much 
more  likely  to  be  enrolled  in  high  schools  which  send  a  relatively  small 
proportion  of  their  graduates  to  college.'"  Indeed,  Negro  students  finish 
public  school  less  often  than  whites  and  they  are  much  more  likely  to 
attend  schools  with  high  dropout  rates.^^ 

Differentials  also  exist  in  the  distribution  of  income  and  occupations 
in  later  life.  Negroes  with  college  education  earn  less  on  the  average 
than  high  school-educated  whites.'"  Negroes  with  some  college  educa- 
tion are  less  likely  than  similarly  educated  whites  to  be  employed  in  white 
collar  trades." 

These  disparities  arise  from  a  variety  of  sources.  In  many  respects 
they  are  related  to  factors  which  do  not  affect  all  children,  such  as  racial 
discrimination  in  employment.  Yet  the  outcomes  of  education  for  all 
students  are  shaped  by  a  number  of  common  factors. 

One,  the  importance  of  which  long  has  been  recognized,  is  the  educa- 
tional and  economic  circumstances  of  a  child's  family.  Students  from 
differing  circumstances,  i.e.,  different  social  class  backgrounds,  bring 
to  school  differently  developed  attitudes  and  verbal  skills.  Both  have 
a  strong  influence  upon  their  performance  in  school  and  later  in  life." 

Similarly,  the  social  class  level  of  a  given  student's  classmates  usually 
has  a  strong  bearing  upon  his  performance  and  aspirations.  A  student 
who  attends  school  with  other  youngsters  who  intend  to  go  to  college 
is  more  likely  to  desire  this  iiimself  than  if  most  of  his  schoolmates  do  not 
plan  to  attend  college  or  even  finish  public  school." 

Students  also  are  influenced  by  the  quality  of  education  they  receive 
in  school.  The  elements  of  school  quality  generally  thought  to  be  impor- 
tant can  be  gauged  in  part  by  those  factors  which  educators  typically 
emphasize  when  they  seek  to  improve  the  schools.    One  is  reduced  class 

'  OE  Survey  at  196,  table  2.43.2. 

'Mat  195,  table  2.43.2. 

"Mat  199,  table  2.43.3. 

"/d/.at  193,  table  2.43.1. 

"7J.  at  196,  table  2.43.2. 

^'  U.  S.  Dept.  of  Labor,  The  Negroes  in  the  United  States:  Their  Economic  and 
Social  Situation  208,  table  IV  B-13  (June,  1966).  In  1963  nonwhite  males  with 
one  or  more  years  of  college  had  a  median  annual  income  of  slightly  more  than  $4,000. 
In  the  same  year  the  median  annual  income  of  white  males  with  four  years  of  high 
school  was  $5,000. 

"M  at204,tableIVB-10. 

^'  Goldberg,  "Factors  Affecting  Educational  Attainment  in  Depressed  Urban  Areas" 
in  Education  in  Depressed  Areas  68,  87  (Passowed.  1963). 

''  A  study  of  high  school  seniors  of  the  San  Francisco  Bay  Area  indicated  that  work- 
ing class  youth  who  aspired  to  attend  college  were  more  likely  to  be  attending  pre- 
dominantly middle  class  schools.  Kraus,  "Sources  of  Educational  Aspirations  Among 
Working  Class  Youth",  29  American  Sociological  Review  867,  875,  877  (1964). 

75 


size,  permitting  more  attention  to  individual  students.  Another  is  the 
recruitment  of  more  highly  qualified  teachers,  which  often  requires 
improved  salaries  and  teaching  conditions.  It  also  has  been  recognized 
that  an  important  aspect  of  a  teacher's  qualifications  is  his  attitudes  and 
the  level  of  performance  he  expects  of  his  students.  A  fourth  is  the 
development  of  more  advanced  educational  curricula  and  facilities, 
particularly  in  such  areas  as  language  and  science.^^ 

Finally,  increasing  numbers  of  educators  believe  that  the  racial  com- 
position of  schools  can  affect  the  performance  and  attitudes  of  students. 
There  is  some  evidence  that  the  academic  achievement  of  Negro  students 
is  lovv^er  \n  majority-Negro  than  in  majority- white  schools,  and  many 
educators  have  said  that  attending  school  almost  exclusively  with  chil- 
dren of  the  same  race  has  a  negative  effect  upon  the  attitudes  of  both 
Negro  and  white  students.^" 

In  this  chapter  we  consider  the  influence  of  these  factors  on  the  out- 
comes of  education  for  Negro  students.  In  attempting  to  make  judg- 
ments there  are  three  problems  which  must  be  borne  in  mind.  First, 
it  is  difficult  to  compare  a  given  characteristic  of  schools  or  students 
apart  from  other  factors.  The  best  teachers  most  often  are  found 
in  schools  whose  students  come  from  fairly  affluent  homes.  These 
schools  also  tend  to  have  the  most  advanced  educational  programs  and 
the  best  educational  facilities.  Their  students  almost  always  are  white. 
This  makes  it  difficult  to  measure  the  effect  of  very  high  levels  of  school 
quality  upon  student  bodies  of  other  social  or  racial  backgrounds. 
Similarly,  the  fact  that  most  Negroes  attend  school  almost  exclusively 
with  Negroes  makes  it  difficult  to  assess  the  relationship  between  the 
racial  composition  of  schools  and  student  performance. 

Second,  the  process  of  education  is  very  complex,  and  simple  causal 
connections  cannot  be  drawn.  It  may  seem  reasonable,  for  example, 
to  say  that  a  student's  motivation  to  learn  directly  affects  his  academic 
performance.  Thus  when  it  is  found  that  students  with  strong  motiva- 
tion have  high  grades,  it  might  be  concluded  that  the  motivation  caused 
the  performance.  Undoubtedly,  however,  there  is  a  complicated  causal 
relationship  in  which  levels  of  motivation  and  academic  performance 
interact,  each  reinforcing  the  other. 

Finally,  the  standards  for  measuring  the  outcomes  of  education  have 
clear  limitations.  Although  tests  of  verbal  achievement  do  assess  the 
basic  skills  needed  for  academic  and  occupational  success,  they  are  only 

"  See,  e.g.,  The  Educational  Policies  Commission  of  the  National  Education  Asso- 
ciation and  the  American  Association  of  School  Administrators,  American  Education 
and  the  Search  for  Equal  Opportunity  (1965). 

"/J.  at  30.  See  also:  Clark,  "Educational  Stimulation  of  Racially  Disadvantaged 
Children"  in  Education  in  Depressed  Areas  156  (Passow  ed.  1963);  Testimony  of 
Miss  M.  Tillman,  Boston  public  school  teacher,  Hearing  Before  the  U.S.  Commission 
on  Civil  Rights,  Boston,  Massachusetts,  October  4-5,  1966  (original  transcript)  at 
88.    [Hereinafter  cited  as  Boston  Hearing]. 

76 


a  limited  measure  of  a  child's  potential.  Within  these  limitations,  this 
chapter  represents  an  effort  to  provide  some  new  insight  in  an  important 
area.  If  appropriate  remedies  for  unequal  educational  opportunity  are 
to  be  devised,  it  is  important  and  perhaps  crucial  to  know  whether  the 
racial  composition  of  schools  influences  educational  outcomes. 


Social  Class  and  the  Outcomes 
of  Education 

The  outcomes  of  education  are  strongly  related  to  the  social  class  origin 
of  students.  This  relationship  holds  for  both  Negroes  and  whites.  The 
educational  attainment  of  an  individual  student  is  related  both  to  his 
own  social  class  and  to  the  social  class  level  of  his  classmates. 

Individual  Social  Class 

In  the  few  years  which  separate  their  infancy  from  entry  into 
school,  children  are  exposed  to  profound  formative  influences.  During 
those  years  verbal  skills  and  styles  of  speech  and  thought  are  shaped, 
a  child's  view  of  himself  develops,  and  his  aspirations  begin  to  form. 

Most  social  scientists  have  rejected  the  proposition  that  "innate" 
ability  is  related  to  the  race  or  social  class  of  indi\ddual  children .^^  Nor 
is  there  in  America  a  well-defined  culture  of  poverty,  or  a  single  life 
style  associated  with  affluence.  There  are,  however,  some  general  char- 
acteristics associated  with  lives  of  relative  poverty  or  affluence  which  are 
closely  related  to  success  or  failure  in  school." 

Compare,  for  example,  a  child  growing  up  in  an  economically  deprived 
environment  with  another  in  a  well-to-do  neighborhood.  The  first  is 
more  likely  to  be  poorly  fed  and  clothed,  and  his  family  to  be  constantly 
concerned  with  meeting  immediate  material  needs.  In  contrast  to  the 
advantaged  child,  the  children  of  pyoverty  often  come  to  school  under- 
nourished and  sometimes  with  serious,  often  undetected,  medical  prob- 
lems."" Children  from  advantaged  homes  do  not  ordinarily  suffer 
material  deprivation  or  inadequate  health  care. 


^' See  generally:  Hunt,  Intelligence  and  Experience  (1961);  Pettigrew,  A  Profile 
of  the  Negro  American  133-135  (1964). 

^"Miller,  "The  American  Lower  Classes:  A  Typological  Approach"  in  Mental 
Health  of  the  Poor  139  (Pressman  ed.  1964);  Deutsch,  "The  Disadvantaged  Child 
and  the  Learning  Process"  in  Education  in  Depressed  Areas  (Passow  ed.  1963). 

^  See,  e.g.,  Jeffers,  Three  Generations,  Case  Materials  for  the  Child  Rearing 
Study  Sponsored  by  the  Health  and  Welfare  Council  of  the  National  Capital  Area 
(Sept.-Oct.  1966)  ;  Jackson,  Poverty's  Children,  Case  Materials  for  the  Child  Rear- 
ing Study  sponsored  by  the  Health  and  Welfare  Council  of  the  National  Capital  Area 
(Sept.-Oct.   1966). 

77 


Poor  children  also  must  contend  with  their  immediate  neighborhood 
environment.  Typically,  their  contacts  and  associations  are  much  more 
restricted  than  those  of  more  advantaged  children.  Disadvantaged  chil- 
dren do  not  go  outside  their  neighborhood  as  often  as  youngsters  from 
more  advantaged  homes — whether  it  is  to  visit  a  museum,  to  travel 
beyond  the  city,  or  to  go  shopping.-^  Their  neighborhoods  also  are 
typically  disadvantaged.  Calvin  Brooks,  a  recent  high  school  graduate, 
said  of  his  neighborhood  when  he  testified  at  the  Commission  hearing 
in  Cleveland,  Ohio: 

[It]  is  a  slum  ...  a  very  depreciated  area,  and  you  find  all  kinds 
of  people  .  .  .  alcoholics  .  .  .  along  the  streets  ....-- 

The  chief  vehicle  of  formal  education  is  verbal  and  written  communi- 
cation. Children  who  have  grown  up  in  homes  where  reading  is  en- 
couraged and  books  are  commonplace  come  to  school  well  prepared. 
They  typically  have  a  style  of  speech  and  habits  of  thought  similar  to 
those  of  their  teachers."^  Progress  in  school  often  is  easy  and  they  are 
likely  to  have  facility  with  the  tests  used  to  measure  their  achievement, 
on  the  basis  of  which  students  often  are  placed  in  grades  or  ability  groups. 
In  contrast,  children  who  grow  up  in  poor  neighborhoods  often  have 
styies  of  speech  markedly  difTerent  from  those  used  in  the  schools  or  in 
written  English,  and  are  less  likely  to  read  before  they  enter  school.  Thus 
their  early  school  experiences  are  with  less  familiar  modes  of  communi- 
cation, and  they  typically  have  greater  difficulty  with  the  tests  used  to 
measure  achievement.  The  tendency  for  teachers  to  regard  these  chil- 
dren as  deficient  makes  their  adjustment  to  school  more  difficult."^ 

The  differences  between  poverty  and  affluence  extend  beyond  formal 
learning.  In  more  affluent  communities,  schooling  often  is  a  basic  con- 
cern of  parents,  who  frequently  are  deeply  involved  in  school  affairs. 
Parents  in  poor  neighborhoods  are  not  usually  any  less  concerned  with 
education;  indeed,  they  typically  regard  it  as  the  chief  avenue  out  of 
poverty.-'  Yet,  it  is  often  more  difficult  to  find  time  to  become  involved 
in  school  affairs  when  the  problems  of  material  existence  are  pressing. 
Many  parents  do  not  participate  because  they  do  not  believe  that  they 
can  have  much  influence  in  school  affairs.  Indeed,  some  students  of 
education  have  said  that  schools  often  are  less  responsive  to  poorly  edu- 
cated parents.  Patricia  Sexton,  professor  of  sociology  at  New  York  Uni- 
versity, points  out  in  her  study  of  social  class  and  education  that : 

.  .   .  upper  income  groups  have  usually  been  in  control  of  school 
boards  and  thereby  in  control  of  \vhat  goes  on  in  the  schools  and 


^  Deutsch,  Minority  Group  and  Class  Status  As  Related  to  Social  and  Personality 
Factors  in  Scholastic  Achievement  4  (1960). 

"-  Cleveland  Hearing  280. 

^Deutsch,  op.  cit.  supra  note  19  at  174. 

-*  Ravitz,  "The  Role  of  the  School  in  the  Urban  Setting"  in  Education  in  De- 
pressed Areas  15-21   (Passow  ed.  1963). 

■''Jackson,  op.  cit.  supra  note  20  at  19. 

78 


the  methods  of  distributing  rewards.  In  addition  there  is  the  fact 
that  very  Httle  pressure  is  applied  to  the  schools  by  lower-income 
individuals  or  groups  representing  them  while  upper-income  groups 
tend  to  have  great  influence  in  the  schools  and  to  be  active  in  school 
affairs. -"^ 

Finally,  a  child  from  an  affluent  neighborhood  learns  early  that  educa- 
tion is  the  chief  vehicle  of  success  in  later  life.  He  is  likely  to  assume  that 
he  will  attend  college  and  may  even  define  his  goals  less  in  terms  of  college 
than  in  terms  of  the  professional  education  he  desires  after  college.  Such 
children  are  not  likely  to  have  serious  financial  barriers  to  their  further 
education.  They  find  it  easy  to  entertain  longer-range  aspirations,  for 
there  is  less  pressure  to  earn  money  immediately. 

Growing  up  in  poverty,  on  the  other  hand,  lends  urgency  to  a  child's 
ambitions  and  aspirations.  He  is  more  likely  to  want  to  find  work  as 
soon  as  possible,  and  infrequently  has  the  independent  means  to  pay  for  a 
college  education.  In  a  recent  study  of  poverty  one  mother  described  a 
son  who  left  school : 

Donald  stopped  school  in  the  8th  grade  because  we  didn't  have 
food  in  the  house  and  he  also  wanted  a  little  money  to  spend.  He 
said  he  wanted  to  stop  school  and  go  to  work  and  help  the  family 
and  that's  what  he  did.-^ 

In  addition,  although  they  may  aspire  to  attend  college,  these  children 
have  few  everyday  contacts  with  college-educated  adults.  Thus  while 
aspirations  may  be  high,  financial  means  are  limited  and  models  of 
achievement  are  few.  As  a  recent  study  of  families  in  poverty  pointed 
out,  the  concrete  plans  of  the  poor  often  are  at  variance  with  their 
expressed  aspirations: 

Many,  if  not  most,  low-income  families  find  themselves  strad- 
dling two  ways  of  life  as  they  try,  or  express  the  wish  to  be  able  to 
meet  selected  middle-class  goals  but  find  themselves  bogged  down 
and  pulled  back  to  "basics"  by  the  demands  of  daily  life.'^ 

Individual  Social  Class  and  Performance 

These  differences  have  a  close  relationship  to  performance  in  school. 
The  Equality  of  Educational  Opportunity  survey — one  of  the  most  ex- 
tensive studies  of  student  attitudes  and  performance  ever  made — found 
that  the  greatest  proportion  of  the  achievement  differences  among 
students  are  accounted  for  by  the  differences  in  their  social  class.^^ 


^Sexton,  Education  and  Income,  7-8  (1961). 

"'  Jeffers,  op.  cit.  supra  note  20  at  20. 

"-'Id.  at  1-2. 

""  OE  Survey  at  298-300. 


79 


Figure  1  depicts  the  average  verbal  achievement  in  grade  levels  of  12th- 
grade  Negro  and  white  students,  ranked  by  a  measure  of  the  student's 
social  class.^°     In  this  case  the  indicator  of  social  class  used  is  the  level 

Figure  1.  Average  Grade  Level  Performance,  of  Twelfth  Grade  Negro  and 
Wfiite  Students  by  Individual  Student  Social  Class;  Metropolitan  Northeast 


Average  Grade  Level 
12 


11- 


10- 


7- 


6- 


5- 


4- 


1732 


Individual  Student 
Social  Class: 

Race 


Low         Medium         High 

\ V / 

Negro 


Low         Medium         High 
\ / 


White 


Note:  The  numbers  in  the  bars  represent  the  number  of  cases. 
Source:  USCCR  analysis  of  OE  Survey  data.      See  App.  C  1. 


'"  It  should  be  noted  that  Fig.  1  is  only  an  approximate  measure  of  the  achievement 
differences  between  children.  None  of  the  students'  other  experiences,  such  as  the 
character  of  their  schooling,  have  been  taken  into  account.  These  same  data,  with 
appropriate  adjustments  for  the  sample  design,  are  described  in  further  detail  in  the 
OE  Survey  where  the  large  regional  differences  and  the  degree  of  overlap  in  the 
distributions  of  Negro  and  white  student  test  scores  are  shown.  (OE  Survey  219- 
275). 


80 


of  the  parents'  education. ^^  It  shows  that  students  of  lower  social  class 
have  distinctiy  lower  average  verbal  achievement  than  those  from  more 
privileged  backgrounds. 

In  a  study  of  Richmond,  Calif.,  performed  for  the  Commission  by 
Alan  Wilson,  Professor  of  Education  at  the  University  of  California  at 
Berkeley,  the  relationship  between  a  student's  social  class  and  his  school 
achievement  was  assessed.  In  this  case  the  index  of  social  class  was 
parents'  occupational  levels.  Wilson  found  that  social  class  was  the 
single  factor  most  closely  related  to  the  academic  achievement  of  children 
in  the  early  grades.^"  This  relationship  was  closer  for  white  than  Negro 
students,  a  result  also  found  in  the  Office  of  Education  survey.^^ 

The  attitudes  and  aspirations  of  students  also  are  strongly  related  to 
their  social  class.  One  useful  indicator  of  aspirations  is  the  ambition  for 
further  education.  Children  from  poorer  backgrounds  are  less  likely 
than  children  from  well-to-do  backgrounds  to  have  concrete  and  definite 
plans  for  college.  They  also  are  less  likely  to  have  followed  through  on 
their  aspirations  by  contacting  a  college  official  or  reading  a  college 
catalogue.^^  Wilson  also  found  a  strong  association  between  aspirations 
and  individual  students'  social  class.^^ 

These  differences  do  not  suggest  that  to  be  poor  in  America  auto- 
matically impUes  failure  in  school.  They  do  suggest  that,  on  the  average, 
the  social  class  of  a  student  has  a  strong  relationship  to  his  academic 
success  and  aspirations.  This  is  of  particular  significance  for  Negro 
students.  In  America  a  greater  proportion  of  Negro  than  white  children 
are  poor,  and  thus  the  educational  damage  that  stems  from  poverty  is 
proportionately  greater  for  the  Negro  than  for  the  white  population. 

The  Social  Class  Composition  of  Schools 

The  social  class  level  of  a  student's  classmates  also  has  an  important 
relationship  to  the  outcomes  of  his  education.  From  the  early  grades 
through  senior  high  school,  children  increasingly  are  open  to  the  direct 


^^  With  the  exception  of  Alan  Wilson's  study,  all  text  references  to  social  class  which 
follow  are  based  upon  the  average  educational  attainment  of  a  student's  parents. 
The  tables  refer  to  "Low",  "Medium",  and  "High" :  these  headings  refer  respectively 
to  less  than  high  school,  high  school  graduate,  and  more  than  high  school  graduate. 
Where  the  text  refers  to  disadvantaged  students,  this  designates  the  "Low"  category. 
"Social  class"  is  used  in  the  text  as  a  convenient  designation  for  measures  of  relative 
educational  disadvantage. 

^~  Wilson,  Educational  Consequences  of  Segregation  in  a  California  Community,  in 
app.  C-3  (vol.  II)  of  this  Report  [Hereinafter  cited  as  Wilson  app.  C-3]. 

="  OE  Survey  300,  301,  table  3.221.3,  6. 

""'  App.  C-1,  tables  3.3  and  3.4. 

^'See  Wilson  app.  C-3  at  193-199. 


81 


influence  of  their  peers.  Both  the  Commission's  Richmond  study  and 
the  Equality  of  Educational  Opportunity  survey  conclude  that  while 
family  status  is  of  great  importance  for  early  school  achievement,  in  the 
later  grades  the  influence  of  family  gives  way  more  and  more  to  the 
influence  of  students'  peers. ^'^  Dr.  Charles  Pinderhughes,  a  psychiatrist 
who  testified  at  the  Commission's  Boston  hearing,  described  the  impor- 
tance of  the  environm.ent  created  by  the  student  body : 

.  .  .  [W]hat  the  pupils  are  learning  from  one  another  is  probably 
just  as  important  as  what  they  are  learning  from  the  teachers. 
This  is  what  I  refer  to  as  the  hidden  curriculum.  It  involves  such 
things  as  how  to  think  about  themselves,  how  to  think  about  other 
people,  and  how  to  get  along  with  them.  It  involves  such  things 
as  values,  codes,  and  styles  of  behavior  .  .  .  .^^ 

Social  Class  Segregation  Among  Schools 

A  poor  child  is  not  only  likely  to  have  lower  verbal  achievement  and 
aspirations  himself,  but  he  is  very  likely  to  attend  school  where  most  of 
the  students  have  similar  achievement  and  aspirations.^^ 

An  example  of  these  differences  in  student  environment  is  depicted 
in  Figure  2.  It  summarizes  the  average  verbal  achievement  of  the  12th 
grade  Negro  and  white  students  in  schools  of  different  social  class  com- 
positions.^^  The  figure  shows  that  the  average  12th  grader's  achieve- 
ment in  schools  with  lower  social  class  levels  is  well  below  the  average 
achievement  level  in  more  advantaged  schools. 

The  distribution  of  student  attitudes  follows  a  similar  pattern.  Chil- 
dren raised  in  poverty  are  more  likely  than  privileged  children  to  attend 
school  with  students  who  feel  that  they  will  not  be  successful  in  life,  and 
are  less  likely  to  have  classmates  with  definite  college  plans.*" 

Norman  Gross,  a  Rochester,  N.Y.,  high  school  teacher  who  testified  at 
the  Commission's  hearing  there,  described  the  differences  in  students' 
aspirations  between  Madison  High  School — attended  mostly  by  poor 
children — and  a  suburban  school : 

.  .  .  [0]ne  of  the  Madison  youngsters  said:  "[A]t  Madison  we 
asked  a  question,  'are  you  going  to  college?'  "  At  Brighton  the 
question  always  is  "what  college  are  you  going  to."  *^ 

One  particularly  sensitive  indicator  of  a  student's  attitudes  is  whether 
or  not  he  has  the  sense  that  he  can  affect  the  direction  of  his  own  life. 


"^OE  Survey  304;  See  Wilson  app.  C-3  at  174. 
'■''Boston  Hearing  at  138. 

^'For  white  students  see  app.    C-1   tables  8.6  and  8.7   at   137-138.     For  Negro 
students  see  Id.  tables  4.1  at  66,  table  3.2  at  59. 
="•  Ibid. 

'"  For  Negroes  see  Id.  table  4.2  at  67  ;  for  whites  sec  id.  table  8.6  at  137. 
*^  Rochester  Hearing  at  130. 

82 


It  has  been  said  that  powerlessncss — the  feeling  that  one's  Hfe  is  not  under 
one's  own  control — is  typical  of  people  in  poor  neighborhoods/-  Pre- 
vious studies  have  shown  a  definite  relationship  between  the  level  of  an 
individual's  performance  and  the  presence  or  absence  of  the  sense  that 


Figure  2.  Average  Grade  Level  Performance  of  Twelfth  Grade  Negro  and 
White  Students  in  Schools  of  Different  Social  Class  Compositions;  Metropolitan 

Northeast 

Average  Grade  Level 


_        _ 

12 
11- 

- 

10- 

- 

^m 

9- 

- 

i       '              '  '"'• 

1 

8- 

7- 

i 
1 

6- 
5- 

- 

2708 

i::-S:..'                                           ' 

j 

7342 

4- 

- 

School  Social  Class: 
Race 


Low 


High 


Low 


High 


Negro 


White 


Note:  The  numbers  in  the  bars  represent  the  number  of  cases. 
Source:  USCCR  analysis  of  OE  Survey  data.      See  App.  C  1. 


"  See,  e.g.,  Harlem  Youth  Opportunities  Unlimited,  Inc.,  Youth  in  the  Ghetto  10-11 
;i964). 


83 


he  can  affect  his  destiny/^  This  altitude  also  varies  with  the  social  class 
level  of  the  school/*  Students  in  school  with  a  majority  of  disadvantaged 
students  more  often  are  exposed  to  other  students  who  feel  they  cannot 
afTect  their  own  destiny. 

School  Social  Class  and  Performance 

The  effect  of  the  social  class  composition  of  schools  upon  student  per- 
formance can  best  be  seen  if  the  average  social  class  of  the  entire  student 
body  is  distinguished  from  the  social  class  of  individual  students.  Thus 
the  performance  of  individual  students  of  a  given  social  class  can  be 
examined  in  schools  with  different  social  class  compositions. 

These  relationships  are  examined  in  Figure  3  where  the  social  class 
level  and  race  of  individual  students,  and  the  social  class  composition  of 
the  schools  they  attend  are  shown. ^"  The  first  set  of  bars  (1  and  2) 
compares  the  average  grade  level  performance  of  Negro  students  from 
homes  where  parents  have  less  than  a  high  school  education,  in  two  dif- 
ferent types  of  schools :  ( 1 )  those  in  which  a  majority  of  the  students 
have  parents  with  similarly  low  levels  of  education,  and  ( 2 )  those  where 
a  majority  of  the  students  have  parents  with  at  least  a  high  school  edu- 
cation. When  the  two  bars  are  compared  it  is  seen  that  the  average 
performance  of  disadvantaged  Negro  students  is  better  when  the  social 
class  level  of  the  student  body  is  higher.  As  the  figure  also  shows  (7 
and  8 ) ,  this  relationship  is  true  for  disadvantaged  white  students  as  well. 

The  performance  of  Negro  students  from  more  advantaged  back- 
grounds in  schools  of  different  social  class  compositions  also  is  compared. 
The  third  set  of  bars  (5  and  6)  depicts  the  average  verbal  achievement 
level  of  more  advantaged  students  in  schools  of  the  same  social  class  levels 
just  described.  These  bars  show  that  the  performance  of  more  ad- 
vantaged students  also  varies  with  the  social  class  level  of  the  student 
body.     This  tendency  holds  for  white  students  as  well  ( 1 1  and  12). 

In  Wilson's  study  of  Richmond  students,  a  marked  relationship  also 
was  foimd  between  the  social  class  composition  of  schools  and  student 

"  Some  studies  have  been  undertaken  to  inquire  into  the  relationship  between  feel- 
ings of  powerlessness  and  the  acquisition  of  knowledge  and  information.  See,  e.g., 
Seeman  and  Evans,  "Alienation  and  Learning  in  a  Hospital  Setting",  27  American 
Sociological  Review  772  (1962 ) .  In  a  hospital  study  of  tuberculosis  patients,  Seeman 
and  Evans  found  that  those  with  the  strongest  feelings  of  powerlessness  had  less  knowl- 
edge about  tuberculosis  than  those  who  were  not  so  alienated.  Seeman,  "Alienation 
and  Social  Learning  in  a  Reformatory",  59  American  Journal  of  Sociology,  270 
(1963).  In  a  reformatory  setting,  inmates  with  greater  feelings  of  powerlessness 
learned  relatively  little  when  given  information  about  parole,  even  though  it  might 
have  helped  shorten  their  confinement.  All  had  over  100  IQ  and  at  least  9th  grade 
education.     There  was  no  correlation  between  IQ  and  alienation. 

''App.  C-1,  table  3.5  at  62;  OE  Survey  200,  table  2.43.4;  see  also  Havighurst, 
"Urban  Development  and  the  Educational  System"  in  Education  in  Depressed 
Areas  24  (Passow  ed.  1963). 

*'  The  social  class  level  of  the  school  is  measured  by  the  average  parents'  education 
of  all  students  in  the  school.  This  measure  is  used  in  all  figures  and  tables  dealing 
with  school  social  class.    For  a  discussion,  see  app.  C-1 ,  37-39;  40-41. 

84 


Figure  3.  Average  Grade  Level  Performance  of  Negro  and  White  Twelfth 
Grade  Students  by  Social  Class  Level  of  the  School  and  the  Social  Class 
Origin  of  the  Student;  Metropolitan  Northeast 


Average  Grade  Level 


12 


11- 


9- 


7- 


6- 


5- 


4- 


1307 


1078 


;534> 


k%| 


323 


:446; 


4085 


2831 


4681 


School  Social  Class:        Low   High       Low  High        Low   High 


Individual  Student 
Social  Class: 


Low 


Medium 


High 


Low 


Race: 


Negro 


■II^^^ 


426 


Low   High        Low   High       Low   High 


Medium  High 

—sj / 

White 


Note:  The  numbers  in  the  bars  represent  the  number  of  cases. 
Source:  USCCR  analysis  of  OE  Survey  cJata.     See  App.  C  1. 

performance.  Richmond  students — regardless  of  their  own  social 
class — were  more  likely  to  perform  well  in  predominantly  middle  class 
than  in  predominantly  lower  class  schools/*' 

The  Richmond  study  also  measured  the  relative  importance  of  indi- 
vidual and  school  social  class  for  white  and  Negro  students  separately. 
It  was  found  that  the  student  environment  had  a  stronger  relationship  to 
the  performance  of  Negro  than  white  students.     White  students'  per- 

''  Wilson  app.  C-3  at  182-84. 


243-637   O  -  67  -  7 


85 


formance — although  still  strongly  related  to  the  social  class  level  of  their 
fellow  students — was  even  more  closely  related  to  family  background 
than  that  of  Negroes.     Wilson  concluded : 

.  .  .  the  family  has  much  more  influence  on  the  achievement  of 
white  students  than  Negro  students;  the  latter  are  more  sensitive  to 
variation  in  the  school  milieu.*^ 

This  relationship  was  assessed  on  a  national  scale  by  the  Equality  of 
Educational  Opportunity  survey.  Its  findings  were  the  same  as  those 
in  the  Richmond  study.  The  survey  concluded  that  the  "environment 
provided  by  the  student  body  .  .  .  has  its  greatest  effect  on  those  [stu- 
dents] from  educationally  deficient  backgrounds."  *** 

Wilson's  study  also  weighed  the  effects  of  the  social  class  composition 
of  schools  upon  the  same  students  over  their  entire  school  careers.  It  was 
found  that  the  influence  of  individual  social  class  is  of  great  importance 
for  student  performance  in  the  early  elementary  grades,  and  the  social 
class  composition  of  schools  was  of  little  significance.  Over  the  course  of 
the  first  eight  school  years,  however,  the  cumulative  effect  of  the  social 
class  composition  of  the  elementary  schools  these  children  attended 
increased  sharply.  In  the  eighth  grade  it  was  as  significant  for  student 
performance  as  individual  social  class.*'' 

This  pattern  generally  is  the  same  when  student  attitudes  are  con- 
sidered. The  most  striking  comparison  appears  when  college  aspira- 
tions and  plans  are  examined.  Figure  4  compares  the  relationship 
between  students'  definite  plans  to  attend  college  and  the  social  class 
composition  of  their  schools.'^"  The  first  set  of  bars  ( 1  and  2)  compares 
the  proportion  of  disadvantaged  Negro  students  with  definite  plans  to 
attend  college  in  schools  with  either  low  or  high  social  class  compositions. 
This  comparison  shows  that  their  college  plans  are  more  frequent  in 
schools  with  a  higher  social  class  level.  Relatively  advantaged  Negro 
students  in  schools  of  lower  social  class  levels  ( 5  and  6 ) ,  are  seen  to  be 
less  likely  to  plan  to  attend  college  than  similar  students  who  are  in  school 
with  a  majority  of  more  advantaged  students.  Regardless  of  their  indi- 
vidual social  class  or  race,  students  are  more  likely  to  have  definite  plans 
to  attend  college  when  they  are  in  schools  of  higher  social  class 
compositions. 

There  is,  then,  a  strong  relationship  between  the  attitudes  and  achieve- 
ment of  students  and  the  social  class  composition  of  their  schools.  Dis- 
advantaged students — especially  Negroes — are  more  strongly  influenced 
by  the  student  environment  than  advantaged  students.  This  relation- 
ship grows  stronger  over  time.  Although  family  and  school  social  class 
factors  vary  in  their  individual  importance  at  different  grade  levels,  their 
combined  influence  always  is  great. 

"Id.  at  187. 

"  OE  Survey  304. 

"  Wilson  app.  C-3,  table  21  at  184. 

*"  See  app.  C-1 ,  table  3.2  at  59. 

86 


Figure  4.  Proportion  Twelfth  Grade  Negro  and  White  Students  With  Definite 
College  Plans  by  Students'  Social  Class  Origin  and  Social  Class  Level  of  the 
School;  Metropolitan  Northeast 


Percent 


70-- 


60- 


50- 


40-- 


30-- 


20-- 


I0-- 


tS^ 


324 


School  Social  Class: 

Low  High 

Low  High 

Low  Hi 

Students'  Social  Class: 

Low 

Medium 

High 

\ 

/ 

\/ 

Race: 

Negro 

Low  High    Low  High    Low  High 


Low 


Medium        High 
White 


Note:  The  numbers  in  the  bars  represent  the  number  of  cases. 
Source:  USCCR  analysis  of  OE  Survey  data.     See  App.  C  1. 

The  Question  of  Selection 

The  data  examined  above  suggest  that  the  student  environment  has 
a  connection  with  student  performance.  They  tend  to  confirm  the 
maxim  that  students  learn  as  much  from  each  other  as  from  their  teach- 
ers. Robert  J.  Havighurst,  Professor  of  Sociology  at  the  University  of 
Chicago,  in  reviewing  existing  research  on  this  question,  recognized  the 
problems  of  attributing  cause.     He  concluded : 


87 


.  .  .  [T]he  consensus  of  students  of  the  sociology  and  psychology 
of  education  is  that  the  fact  of  attending  a  lower  class  school  does 
have  something  to  do  with  the  lower  academic  achievement  of  the 
pupils  from  that  school. ^^ 

Havighurst  and  others  have  noted  that  the  relation  between  school 
social  class  and  student  performance  may  be  the  result  of  a  selective 
factor.^^  That  is,  lower  class  students  in  predominantly  middle  class 
schools  may  be  there  because  their  parents,  viewing  certain  schools  as 
better,  deliberately  enrolled  their  children  in  those  schools.  These  stu- 
dents would  be  likely  to  be  more  highly  motivated  and  to  have  ap- 
preciably higher  verbal  achievement  when  they  entered  school.  If  this 
were  true,  the  connection  between  student  performance  and  school  social 
cla^s  would  be  put  in  doubt. 

Wilson's  study  examined  this  question.  Because  his  research  dealt 
with  the  same  students  over  time,  it  was  possible  to  consider  the  problem 
of  self -selection.  To  consider  the  selective  factor,  differences  in  the 
students'  first  grade  verbal  achievement  were  taken  into  account  when 
inspecting  the  effects  of  school  social  class  upon  later  school  achieve- 
ment.^^ The  study  found  that  there  was  still  a  strong  effect  of  school 
social  class,  apart  from  the  students'  early  achievement.  Wilson  con- 
cluded that: 

.  .  .  allowing  for  variation  in  primary-grade  mental  maturity, 
the  social  class  composition  of  the  primary  school  has  the  largest 
independent  effect  upon  the  sixth  grade  reading  level. ^"^ 

Factors  other  than  selection — in  the  student's  school  experience  and 
environment — must  be  involved. 

It  is  difficult  to  specify  precisely  the  ways  in  which  the  student  environ- 
ment affects  performance  and  attitudes.  There  is  a  complicated  rela- 
tionship between  the  standards  set  by  the  performance  and  attitudes  of 
a  student's  schoolmates  and  his  own  performance  and  attitudes.  It 
seems  reasonable  to  suggest,  however,  that  at  least  two  elements  are 
present. 

First,  different  backgrounds  influence  what  students  see  as  attainable 
goals.  A  disadvantaged  student  in  school  mostly  with  other  disad- 
vantaged students  is  exposed  primarily  to  youngsters  for  whom  immedi- 
ate work  and  earnings  are  the  most  concrete  need.  While  it  may  be 
easy  for  a  given  student  to  express  his  desire  for  a  college  education,  there 
is  little  around  him  which  suggests  that  his  own  friends  and  social  equals 
regard  such  a  thing  to  be  possible.  Since,  as  they  move  through  the 
grades,  students  increasingly  measure  their  behavior  by  the  standards  set 


^^  Havighurst,  op.  cit.  supra  note  44  at  32. 
"  Ibid. 

"^See  Wilson  app.  C-3,  table  17  at  187. 
''Id.  at  187. 


and  accepted  by  their  friends  and  associates,  such  a  student  is  unUkely  to 
follow  through  on  his  aspirations  for  college/^ 

Second,  a  similar  process  is  probably  involved  in  academic  achieve- 
ment. Students  from  poor  backgrounds  do  not  perform  as  well  in 
school — even  in  the  early  grades — as  more  advantaged  students.  As  was 
shown  earlier,  this  performance  gap  increases  as  students  move  to  higher 
grades.  Students  in  schools  where  early  and  continuing  academic  diffi- 
culty are  typical  are  likely  to  suffer  from  the  cumulative  disadvantage  of 
their  classmates.  The  students  provide  each  other  both  with  academic 
standards  and  with  varying  degrees  of  academic  interchange.  Where 
the  majority  of  students  have  low  achievement,  others  will  be  likely  to 
follow  suit. 

This  was  illustrated  in  testimony  by  David  Jaquith,  President  of  the 
Syracuse  Board  of  Education,  at  the  Commission  hearing  in  Rochester. 
Explaining  the  positive  effects  of  a  transfer  of  disadvantaged  students 
from  Madison  Junior  High  School  to  Levi,  a  junior  high  school  which 
had  a  more  advantaged  student  body,  he  said : 

...  at  Madison  Junior  High  School,  if  you  cooperated  with 
the  teacher  and  did  your  homework,  you  were  a  "kook." 

At  Levi  Junior  High  School,  if  you  don't  cooperate  with  the 
teacher  and  don't  do  your  homework,  you  are  a  "kook."  Peer 
pressure  has  tremendous  effect  on  the  motivation  and  motivation 
has  a  tremendous  effect  on  achievement.^*' 

In  summary,  there  is  a  strong  relationship  between  student  and  school 
social  class,  and  performance  and  attitudes.  The  social  class  composi- 
tion of  schools  is  the  single  most  important  school  factor  affecting  student 
performance  and  attitudes.  As  the  Equality  of  Educational  Oppor- 
tunity survey  concluded : 

.  .  .  the  inequalities  imposed  on  children  by  their  home,  neigh- 
borhood, and  peer  environment  are  carried  along  to  become  the 
inequalities  with  which  they  confront  adult  life  at  the  end  of 
school. ^^ 

Social  Class  and  Racial  Composition 

Thus  far  the  racial  composition  of  schools  has  not  been  taken  into 
account.  Does  it  have  a  relationship  to  performance  which  is  distinct 
from  that  associated  with  the  social  class  composition  of  schools? 

Research  has  not  yet  given  clear  answers  to  this  question.  While 
serious  performance  differences  between  predominantly  Negro  and  pre- 


^  See  note  36,  supra;  Alexander  and  Campbell,  "Peer  Influences  on  Adolescent 
Aspirations  and  Attainments,"  29  American  Sociological  Review  568  ( 1964) .  See  also 
Wilson  app.  C-3  at  181. 

^  Rochester  Hearing  473-474. 

"  OE  Survey  325. 

89 


Figure  5.  Average  Grade  Level  Performance  of  Twelfth  Grade  Negro  Sfuderits 
by  Individual  Social  Class    Origin,  Social  Class  Level  of  School  and  Proportion 
White  Classmates  Last  Year;  Metropolitan  Northeast 
Average  Grade  Level 
12 


Legend:  Proportion  White  Classmates 

I        I  None 

^^  Less  than  half 

Kii  About  half 

llllllllllllllll  More  than  half 


16 


4         5 


2 

1    ■ 


14 

13  M 


9     10 

m 


School  Social  Class: 


Student's  Social  Class: 


Note :  The  numbers  in  the  bars  represent  the  number  of  cases. 
Source:  USCCR  analysis  of  OE  Survey  data.     See  App.  C  1. 

dominantly  white  schools  are  evident,  there  has  been  disagreement  on 
whether  the  differences  are  due  entirely  to  factors  associated  with  the 
social  class  level  of  schools  or  whether  racial  composition  is  an  important 
additional  factor. '^^ 

Figure  5  depicts  all  three  dimensions  of  the  relationship  in  question. 
Two — the  social  class  level  of  individual  Negro  students  and  the  social 
class  level  of  their  schools — already  have  been  discussed.     The  third, 

^  Id.  307-312.     See  Wilson  app.  C-3  at  182-187. 


90 


which  is  depicted  here  for  the  first  time,  is  the  racial  composition  of 
classrooms/^ 

Comparisons  among  the  first  four  bars  show  that  when  relatively 
disadvantaged  Negro  students  are  in  class  with  a  majority  of  similarly 
disadvantaged  white  students  (4),  their  performance  is  higher  than 
when  they  are  in  a  class  with  a  majority  of  equally  disadvantaged  Ne- 
groes ( 1 ) .  A  similar  relationship  obtains  for  more  advantaged  Negro 
students,  when  those  in  school  with  similarly  advantaged  Negroes  (13) 
are  compared  with  those  in  school  with  similarly  advantaged  whites 

(16). 

When  disadvantaged  Negro  students  in  school  with  more  advantaged 
Negroes  are  considered  (5),  there  also  is  a  performance  improvement. 
Yet  only  a  small  proportion  of  the  Negro  population  is  middle  class,  and 
disadvantaged  Negroes  generally  must  attend  school  with  whites  if  they 
are  to  be  in  school  with  a  majority  of  more  advantaged  students.  The 
combined  effects  of  social  class  integration  and  racial  desegregation  are 
substantial.  When  disadvantaged  Negro  students  are  in  class  with  simi- 
larly situated  whites  (4) ,  their  average  performance  is  improved  by  more 
than  a  full  grade  level.  When  they  are  in  class  with  more  advantaged 
white  students  (8),  their  performance  is  improved  by  more  than  two 
grade  levels. 

These  comparisons  suggest  a  relationship  between  the  performance  of 
Negro  students  and  the  racial  composition  of  classrooms.  They  do  not, 
however,  explain  it.    There  are  a  number  of  possible  explanations. 

First,  there  may  be  differences  in  the  quality  of  education  offered  in 
majority-Negro  and  majority-white  schools  which  account  for  the  higher 
average  Negro  performance  in  majority-white  schools. 

Second,  it  may  be  that  there  is  a  process  of  selection  involved,  whereby 
only  initially  more  able  Negro  students  attend  majority-white  schools. 

Finally,  there  may  be  student  environment  factors  directly  connected 
with  racial  composition  which  relate  to  the  attitudes  and  performance  of 
Negro  students.  These  possibilities,  which  are  not  mutually  exclusive, 
will  be  discussed  in  succeeding  pages. 

School  Quality  and  Student 
Performance 

Performance  differences  between  schools  with  predominantly  Negro 
and  predominantly  white  enrollments  often  have  been  attributed  to  dis- 
parities in  the  quality  of  education  between  such  schools.  It  is  certainly 
true  that  the  quaHty  of  a  school's  curriculum,  the  character  of  its  facil- 


^  With  the  exception  of  the  section  on  school  quahty,  all  tabulations  involving 
racial  composition  refer  to  the  racial  composition  of  classrooms.  For  a  fuller  dis- 
cussion, see  app.  C-1  at  40-42. 

91 


ities,  and  the  attitudes  and  qualifications  of  its  teaching  and  adminis- 
trative staff  can  affect  the  attitudes,  morale,  and  performance  of  students. 

This  section,  however,  is  addressed  to  a  more  specific  problem.  Dif- 
ferences in  the  performance  of  Negro  students  have  been  shown  which 
relate  to  the  social  class  composition  of  their  schools  and — additionally — 
to  their  racial  composition.  Certain  differences  in  accepted  measures 
of  school  quality  also  exist  between  predominantly  Negro  and  predomi- 
nantly white  schools.  Do  existing  differences  in  school  quality  account 
completely  for  the  performance  differences  which  relate  to  the  social  and 
racial  composition  of  schools? 

This  section  first  presents  a  discussion  of  those  differences  in  school 
quality  which  appear  to  have  some  relationship  to  student  performance. 
These  differences  then  are  compared  with  the  achievement  and  attitude 
differences  which  appear  to  relate  to  the  social  class  and  racial  composi- 
tion of  schools.  In  this  way  it  can  be  determined  whether  the  differences 
in  school  quality  explain  the  relationship  between  achievement  and  the 
racial  composition  of  schools? 

The  Extent  of  Disparities 

Three  aspects  of  the  quality  of  education  were  mentioned  earlier: 
educational  facilities,  including  language  and  science  laboratories;  cur- 
riculum, including  the  presence  or  absence  of  specialized  study  in  par- 
ticular subjects ;  and  the  attitudes  and  qualifications  of  teachers. 

Facilities 

There  are  some  noticeable  differences  in  the  quality  of  school  facilities 
available  to  Negro  and  white  students  in  the  Nation's  metropolitan  areas. 
The  Equality  of  Educational  Opportunity  survey  reported  that  although 
Negro  and  white  children  were  equally  likely  to  attend  schools  with 
libraries,  whites  more  often  attended  schools  with  more  library  volumes 
per  student.®"  White  students  also  were  more  likely  to  attend  schools 
which  had  science  laboratories.®^ 

Educational  Program 

Similar  disparities  existed  in  the  educational  offerings  available  to 
Negro  and  white  students.  The  survey  reported  that  whites  more  often 
were  in  schools  which  had  advanced  courses  in  particular  subjects,  such 
as  science  and  language.  They  also  were  more  likely  to  be  in  schools 
with  fewer  pupils  per  teacher.®^  In  most  cities  studied  by  the  Commis- 
sion it  was  found  that  schools  with  nearly  all-Negro  enrollments  were 
overcrowded  more  often  than  nearly  all-white  schools.     This  often  re- 

•^  OE  Survey  78,  table  2.21.13. 

"'Id.  at  73,  table  2.21.8. 

"^Id.  at  70,  table  2.21.4;  100,  table  2.24.2. 

92 


suited  in  the  establishment  of  classes  in  temporary  structures — sometimes 
in  the  basements  of  churches  or  other  public  buildings.*'' 

Teachers 

Teachers  are  the  most  important  element  in  the  quality  of  education 
schools  offer.  The  extent  of  their  experience,  the  quality  of  their  train- 
ing, and  their  attitudes  toward  students  all  are  important. 

The  survey  found  no  significant  national  differences  in  the  educational 
attainment,  as  measured  by  years  of  school  completed,  of  teachers  in 
majority-Negro  and  majority-white  schools.  Negro  students,  how- 
ever, were  exposed  less  often  than  white  students  to  teachers  whose 
college  major  was  in  an  academic  subject — mathematics,  science,  or 
literature.^* 

Negro  students  also  were  more  likely  than  whites  to  have  teachers 
with  lower  verbal  achievement  levels.  Part  of  the  survey  involved  a 
vocabulary  test  administered  to  teachers.  The  results  of  the  test  in  the 
Metropolitan  Northeast,  for  example,  show  that  in  those  majority-Negro 
classrooms  included  in  the  sample  almost  none  of  the  12th  grade  students 
had  faculties  which  scored  in  the  highest  range  of  this  test.""  Commis- 
sion studies  in  various  cities  resulted  in  an  analogous  finding.  In  those 
cities  which  administered  teacher  examinations,  such  as  St.  Louis,  At- 
lanta, and  Philadelphia,  the  faculties  of  nearly  all-Negro  schools  had 
lower  average  test  scores  than  faculties  in  all-white  schools.'^'' 

Nationally  the  survey  found  that  Negro  and  white  students  had  equally 
experienced  teachers.  Differences  were  revealed,  however,  in  Commis- 
sion investigations  in  specific  cities.  In  Oakland,  for  example,  more 
probationary  teachers  were  found  in  nearly  all-Negro  schools  than  in 
nearly  all-white  schools.''^  In  Philadelphia,  a  greater  proportion  of  sub- 
stitute teachers  was  found  in  nearly  all-Negro  schools.''^  In  some 
cities — such  as  Boston  and  Milwaukee — there  has  been  higher  teacher 


**  For  example,  nearly  half  of  the  majority-Negro  schools  in  Philadelphia  in  the 
1965-66  school  year  were  overcrowded  (i.e.,  the  average  percentage  enrollment  of 
capacity  exceeded  109%).  Approximately  one  third  of  Philadelphia's  nearly  all- 
white  schools  were  similarly  overcrowded.  {Philadelphia  Study,  app.  A-3)  ;  in 
Cleveland,  Ohio,  between  1957  and  1964,  95  percent  of  all  units  rented  to  relieve 
overcrowding  were  at  nearly  all-Negro  schools.  (Cleveland  Study,  Section  Ba). 
In  the  1965-66  school  year  a  greater  proportion  of  mobile  units  in  Chicago  were  in 
use  in  Negro  schools.  Of  all  mobile  units  used  in  that  school  year,  68%  were  at 
nearly  all-Negro  schools  while  only  20%  were  at  nearly  all-white  schools.  (Informa- 
tion obtained  from  the  U.  S.  Office  of  Education) . 

"'  OE  Survey  140,  table  2.33.8. 

"See  app.  C-1 ,  table  7.18  at  121. 

"*  Atlanta  Study  66,  table  18;  41;  Philadelphia  Study,  Part  III  B;  Reisner,  Equal- 
ity of  Education  Opportunity  in  St.  Louis  at  48,  54  (unpublished  report  to  the  U.S. 
Office  of  Education,  July,  1965). 

°'  About  one  third  of  all  Oakland  teachers  are  probationary — i.e.,  have  taught  less 
than  three  years.  There  is  a  higher  proportion  of  probationary  teachers  in  elementary 
schools  with  higher  Negro  enrollment.     Oakland  Study  70. 

^  Philadelphia  Study,  Part  III  B.2.b.,  table  13. 

93 


turnover  in  schools  with  increasing  Negro  enrollment  than  in  nearly  all- 
white  schools.*^^ 

Marked  national  differences  in  teachers'  attitudes  about  remaining  in 
their  present  schools  were  found  in  the  survey.  Negro  students  were 
more  likely  than  whites  to  have  teachers  who  preferred  not  to  remain  in 
their  present  school/"  One  writer  has  commented:  "...  in  many 
cities  across  the  country  the  depressed  areas  have  been  the  'Siberias'  of 
the  local  school  system  .  .   ."  ^^ 

On  the  other  hand,  Negro  students  more  often  than  whites  had  teach- 
ers who  said  they  preferred  to  teach  children  from  a  variety  of  social 
backgrounds  and  their  teachers  more  often  expressed  liberal  racial 
attitudes." 

School  Quality  and  Social  Class  Composition  of  Schools 

Do  such  differences  in  the  quality  of  education  available  to  Negro 
and  white  children  explain  the  relationship  reported  earlier  between  the 
social  class  composition  of  schools  and  student  performance? 

Two  composite  measures  of  educational  quality  were  devised  to  ex- 
amine this  question.  The  use  of  composite  measures  makes  it  possible 
to  take  into  account  simultaneously  those  school  quality  differences 
which  show  some  general  relation  to  achievement.  Each  composite  meas- 
ure permits  comparison  of  student  achievement  and  attitudes  in  schools 
which  have  high  or  low  levels  of  the  educational  quality  being  measured. 
One  relates  to  school  facilities  and  educational  program  and  the  other 
deals  only  with  teacher  qualifications  and  attitudes." 

Facilities  and  Curriculum 

Table  1  depicts  the  achievement  of  disadvantaged  Negro  students,  the 
social  class  level  of  their  schools,  and  variations  in  the  quality  of  educa- 
tional program  and  facilities  in  their  schools.^^  It  thus  permits  an  assess- 
ment of  the  relationship  between  differences  in  school  quaUty  and  student 

**  ".  .  .  As  the  percentage  of  non-white  pupils  increases,  there  is  a  general  increase  in 
teacher  turnover  rates."     Milwaukee  Study  Part  Ill.b.  at  2—3. 

".  .  .  There  is  a  high  degree  of  relatedness  between  the  frequency  of  staff  change 
and  the  degree  to  which  a  school  has  a  high  non-white  enrollment."  Boston  Study, 
"Staff  Quality  and  School  Quality:  Selected  Characteristics"  at  2. 

'•"  OE  Survey  156,  table  2.34.8. 

^Ravitz,  op.  cit.  supra  note  24  at  19. 

"  OE  Survey  168,  table  2.35.2. 

'"  The  index  of  school  facilities  and  curriculum  is  composed  of  the  following  meas- 
ures: science  laboratories,  comprehensiveness  of  curriculum,  and  extracurricular 
activities.     For  further  details  see  app.  C-1 ,  sec.  1.5  at  43-44. 

The  index  of  teacher  qualifications  is  composed  of  the  following  teacher  measures: 
educational  level,  type  of  college  major,  desire  to  continue  teaching  in  current  school, 
and  years  teaching  experience.     For  further  details  see  app.  C-1,  sec.  1.5  at  44-46. 

"  See  app.  C-1,  table  7.4  at  107. 


94 


Table  1. — School  Qttality,  Stfdent  Performance,  and  the  Social  Class 
Composition  of  Schools.  (Average  verbal  achievement  test  scores,  12th  grade, 
by  school  quality  index,  parents'  education,  and  school  average  of  parents'  education, 
expressed  in  grade  level  equivalents;  Metropolitan  Northeast) 


Individual's  parents'  educa- 
tion (social  class  of  students) 

School  average:  Parents'  education 
(social  class  level  of  school) 

School  quality  index 

Achieve- 
ment level 
I 

Less  than  high  school 
(low). 

Less  than  high  school 
graduate  (low). 

Low 

Medium 

High 

7.4 

7.8 
8.2 

High  school  graduate  or 
more  (medium  to  high). 

Low 

Medium 

High 

8.  5 

8.  6 

9.  2 

Source:  USCCR  analysis  of  OE  Survey  data.     See  App.  CI. 

achievement.  When  column  I  is  read  down,  it  is  seen  that  there  are 
some  variations  in  students  achievement  which  relate  to  variations  in 
the  quality  of  educational  facilities  and  programs. 

The  table  also  shows  that  improvements  in  the  achievement  of  dis- 
advantaged Negro  students  when  in  school  with  a  majority  of  advan- 
taged students  was  not  explained  by  variations  in  school  facilities  and 
curriculum.  This  suggests  that  performance  variations  associated  with 
differences  in  the  social  class  composition  of  schools  are  distinct  from 
variations  in  school  facilities  and  curriculum.  Yet  the  magnitude  of  the 
differences  must  be  remembered.  Present  differences  in  school  curricu- 
lum and  facilities  in  metropolitan  areas  are  noticeable,  but  not  massive. 
This  analysis  only  weighs  existing  differences  in  school  quality. 

Teachers 

Consistent  differences  also  appear  when  the  social  class  background, 
qualifications,  and  attitudes  of  teachers  are  considered.  Table  2  weighs 
the  relationship  between  differences  in  teacher  quality  and  student 
achievement.  It  also  permits  comparison  of  these  differences  with  those 
associated  with  variations  in  the  social  class  composition  of  schools. 

Table  2. — Teacher  Quality,  Student  Performance,  and  the  Social  Class 
CoMPOstTTON  of  SCHOOLS.  (Average  grade  level  perfonnance  of  low-social-class 
12th  grade  Negroes,  social-class  level  of  the  school  and  teacher  quality;  Metro- 
politan Northeast) 


Individual's  parents'  education 
(social  class  of  students) 

School  average:  parents' 

education 

(social  class  level  of  school) 

Teacher  average : 
Index 

Grade  level 
performance 

Less  than  high  school 
graduate. 

(low) 

(A)   Less  than  high 
school  graduate, 
(low) 

(1)  Low 

(2)  High 

7.  7 

8.  1 

(B)   High  school  grad- 
uate or  more, 
(medium  to  high) 

(1)  Low 

(2)  High 

8.6 

8.9 

Source  :  U'SCCR  analysis  of  OE  Survey  data.     See  App.  01. 


95 


The  table  shows  that  differences  in  the  qualifications  and  attitudes 
of  teachers  have  a  regular  relationship  to  student  performance.  Con- 
sider, for  example,  the  first  row  (A)  which  depicts  disadvantaged  Negro 
students  in  schools  with  a  majority  of  other  disadvantaged  students. 
When  such  students  have  less  qualified  teachers  ( 1 ) ,  they  do  less  well 
than  when  their  teachers  are  more  qualified  (2).  The  same  relation- 
ship holds  when  disadvantaged  Negro  students  are  in  schools  with  a  ma- 
jority of  advantaged  students  (B).  At  each  school  social  class  level, 
students  with  more  qualified  teachers  perform  at  higher  levels  than  those 
with  less  qualified  teachers. 

When  the  variations  in  teacher  quality  are  held  constant,  however, 
differences  associated  with  school  social  class  still  appear.  Compare, 
for  example,  disadvantaged  Negro  students  with  equally  well  qualified 
teachers,  in  school  either  with  a  majority  of  disadvantaged  students  ( A2 ) , 
or  a  majority  of  more  advantaged  students  (B2).  Those  with  a  more 
advantaged  student  body  perform  at  a  higher  level. 

An  even  more  severe  comparison  of  teacher  quality  and  school  social 
class  is  possible.  A  comparison  of  rows  A2  and  Bl  weighs  improved 
teacher  quality  in  majority-disadvantaged  schools  against  improved  so- 
cial class  in  schools  with  poorer  teachers.  The  effects  of  school  social 
class  outweigh  those  of  teacher  quality. 

There  is,  then,  a  pronounced  relationship  between  the  qualifications 
of  teachers  and  the  performance  of  students.  It  appears  to  be  consistent 
for  Negro  students  of  all  social  class  levels  in  schools  of  different  social 
class  compositions.  The  relationship  between  teacher  quaUfications  and 
student  performance,  however,  is  not  as  consistently  strong  as  the  rela- 
tionship between  student  performance  and  the  social  class  composition 
of  schools.  Although  teacher  quality  is  important,  when  taken  into 
account  it  does  not  alter  the  significance  of  the  relationship  between  the 
social  class  composition  of  schools  and  the  achievement  of  Negro  students. 

School  Quality  and  Racial  Composition 

The  remaining  question  is  whether,  when  the  racial  comp>osition  of 
schools  is  taken  into  account,  the  results  differ  from  those  related  to 
social  class. 

When  facilities  and  curriculum  were  considered,  they  showed  a  limited 
association  with  student  achievement  in  schools  of  differing  racial  com- 
positions.'^ When  teacher  quality  is  considered,  however,  there  are 
relationships  with  student  performance  which  vary  with  the  racial  compo- 
sition of  classrooms. 

"  Ibid. 
96 


The  performance  of  disadvantaged  Negro  children  in  majority-Negro 
classrooms  is  analyzed  in  Table  3.'*'  When  column  I  is  read  down  it  is 
possible  to  compare  the  relationship  between  different  levels  of  teacher 
quality  and  the  verbal  achievement  of  disadvantaged  Negro  students. 
In  row  A  they  are  in  classes  with  a  majority  of  similarly  disadvantaged 
Negro  students  and  in  row  B  with  a  majority  of  more  advantaged  Negro 
students.  The  comparison  in  row  A  shows  that  higher  teacher  quality 
is  associated  with  improvements  in  student  performance  in  classes  with 
a  majority  of  disadvantaged  Negro  students. 

Table  3. — Teacher  Quality  and  Student  Peefokmance  in  Majority-Negro 
Schools.  {Average  achievement  in  grade  levels  of  loicer  social  class  12th 
grade  Negro  students  in  majority-Negro  schools,  hij  teacher  quality  and  school 
social  class;  Metropolitan  Northeast) 


Individual's  parents' 

education  (social  class 

of  students) 

School  average:  Parents'  education 
(social  class  level  of  school) 

Teacher  average: 
Index 

Achievement 

level 

I 

Less  than  high 
school  (low) 

(A)   Less  than  high  school 
graduate. 

(low) 

(1)  Low 

(2)  High 

7.3 
7.7 

(B)   High  school  graduate  or 
more. 

(medium  to  high) 

(1)  Low 

(2)  High 

7.8 
S.  6 

Source  :  USCCR  analjsis  of  OE  Survey  data.     See  App.  CI. 


A  comparison  of  row  A2  with  Bl  indicates  that  having  highly  qualified 
teachers  or  attending  school  with  more  advantaged  Negroes  may  be  of 
about  equal  importance  to  disadvantaged  children.  Children  lag  se- 
verely when  both  factors  are  missing.  When  either  factor  is  present,  chil- 
dren perform  better.  When  both  factors  are  present,  children  perform 
at  an  even  higher  level.  The  distinct  effects  of  teacher  quality  and  social 
class  compositions  reported  in  the  earlier  consideration  of  social  class, 
then,  hold  in  majority-Negro  schools. 

When  more  advantaged  Negro  students  are  considered,  there  also  is 
a  relationship  between  teacher  quality  and  student  performance.  Yet 
for  these  students  the  effect  of  social  class  composition  is  even  greater 
than  the  effect  of  teacher  quality.^" 

Do  similar  results  exist  in  majority-white  schools?  Table  4  presents 
the  same  comparisons,  except  that  the  schools  in  this  case  are  majority- 
white.'®  Reading  down  column  I  reveals  that  the  student  achievement 
differences  associated  with  variations  in  teacher  quality  are  virtually  non- 
existent in  four  of  the  six  comparisons  (A,  B,  C,  and  D) .  This  suggests 
that  improvements  in  teacher  quality  have  less  relation  to  the  perform- 


"See  app.  C-1 ,  table  7.16  at  119. 

"  Ibid. 

'"See  App.  CI,  Table  7.16  at  119. 


97 


ance  of  Negro  students  in  majority-white  schools  than  they  do  in  ma- 
jority-Negro schools.^" 

The  effect  of  differences  in  the  social  class  level  of  schools  does  not 
change  when  the  racial  composition  of  schools  varies.  The  effect  of 
differences  in  teacher  quality  varies,  however,  and  is  smaller  for  Negro 
students  in  majority-white  than  majority-Negro  schools. 

What  is  the  relative  importance  of  teacher  quality  and  racial  com- 
position? Table  5  provides  direct  comparison  of  these  for  disadvantaged 
Negro  students.®"  Reading  across  rows  Al  and  2  and  Bl  and  2  reveals 
that  at  each  level  of  teacher  quality  and  school  social  class,  the  perform- 

Table  4. — Teacher  Quality  and  Student  Performance  in  Majoritt-White 
Schools. — {Average  achievement  in  grade  levels  of  12th  grade  Negro  student  in  major- 
ity-white schools,  by  teacher  quality,  individual  social  class,  and  school  social  class; 
Metropolitan  Northeast) 


Individual's  parents' 

education 

(social  class  of 

students) 

School  average:  Parents'  education 
(social  class  level  of  school) 

Teacher  average: 
Index 

.Achievement 
level 

I 

Less  than  high 
school, 
(low) 

(A)  Less  than  high  school 
graduate,  (low) 

(B)  High  school  graduate  or 
more,    (medium  to  high) 

(1)  Low 

(2)  High 

(1)  Low 

(2)  High 

8.5 
8.6 
9.  5 
9.5 

High  school 
graduate, 
(medium) 

(C)  Less  than  high  school 
graduate,  (low) 

(D)  High  school  graduate  or 
more,    (medium  to  high) 

(1)  Low 

(2)  High 

(1)  Low 

(2)  High 

8.5 

8.6 

10.0 

9.7 

More  than  high 
school 
graduate, 
(high) 

(E)  Less  than  high  school 
graduate,  (low) 

(F)  High  school  graduate  or 
more,    (medium  to  high) 

(1)  Low 

(2)  High 

(1)  Low 

(2)  High 

9.  1 
10.7 
11.  4 
11.9 

Source:  USCCR  analysis  of    OE  Survey  d&ta..     See  App.  CI. 

Table  5. — Teacher  Quality  and  Student  Performance  in  Majority-White 
AND  Majority-Negro  Schools. — (Average  achievement  in  grade  levels  of  low  social 
class  12th  grade  Negroes  by  school  social  class,  teacher  quality,  and  racial  compo- 
sition of  schools ;  Metropolitan  Northeast) 


Individual's  parents' 

School  average:  Parents' 

education 

(social  class  level  of  school) 

Teacher  average:  • 
Index 

Proportion  white 
classmates 

education 

(social  class  of 

students) 

Less  than 
half 

I 

More  than 
half 

II 

Less  than  high 
school, 
(low) 

(A)   Less  than  high 
school  graduate, 
(low) 

(1)  Low 

(2)  High 

7.  3 

7.7 

8.5 
8.6 

(B)   High  school  graduate. 
(medium  to  high) 

(1)  Low 

(2)  High 

7.8 
8.6 

9.5 
9.  5 

Source  :  USCCR  analysis  of  OE  Survey  data.    See  App.  CI. 


It  might  be  suggested  that  this  is  related  to  Negro  students'  greater  sensitivity 
to  student  body  characteristics,  as  opposed  to  teacher  characteristics.  See  OE  Survey 
302. 

'"  See  app.  C-1 ,  table,  7.16  at  1 19. 

98 


ance  of  Negro  students  Is  substantially  higher  in  majority-white  (column 
II)  than  majority-Negro  (column  I)  schools. 

A  more  refined  comparison  of  the  relative  importance  of  teacher 
quality  and  racial  composition  is  possible.  Consider  disadvantaged 
Negro  students  in  schools  with  poorer  teachers  and  a  majority  of  equally 
disadvantaged  white  students  (row  Al,  column  II).  They  perform  at 
a  higher  level  than  similarly  disadvantaged  Negro  students  in  school 
with  better  teachers  and  a  majority  of  equally  disadvantaged  Negroes 
(row  A2,  column  I).  The  same  comparison  holds  (row  B)  when  the 
disadvantaged  Negro  students  are  in  schools  with  more  advantaged 
children. 

The  relative  strength  of  racial  composition  also  was  found  to  be  at 
least  as  great  for  more  advantaged  Negro  students.^"*  Although  teacher 
quality  has  a  consistent  relationship  to  student  achievement  in  majority- 
Negro  schools,  it  is  equally  consistently  outweighed  by  the  effect  of  being 
in  majority-white  schools. 

Teachers  affect  more  than  their  students'  verbal  achievement.  Their 
attitudes,  and  the  standards  they  set  for  students  also  are  likely  to  be  re- 
lated to  their  students'  attitudes  and  aspirations.  Other  studies  have 
highlighted  the  effect  of  teacher  expectations  on  student  performance. 
In  one  study,  teachers  were  told  that  certain  students,  who  actually  had 
been  selected  at  random,  had  especially  high  ability.  As  a  result,  their 
own  expectations  for  these  students  rose  and  the  students'  performance 
improved  markedly.^^  It  seems  likely  that  a  similar  relationship  exists 
for  student  attitudes.  Indeed,  some  studies  suggest  that  students  tend 
to  adjust  to  what  they  perceive  their  teachers'  expectations  to  be  and  to 
aspire  and  perform  accordingly.  ®- 

Similar  relationships  were  found  in  the  Commission's  further  analysis 
of  data  from  the  Equality  of  Educational  Opportunity  survey.  When 
the  relationship  between  teacher  qualifications  and  attitudes  was  tested 
against  student  aspirations,  results  similar  to  those  obtained  in  the  analysis 
of  student  achievement  were  found. ^^  The  clearest  relationships  were 
found  between  teachers'  education  and  students'  college  plans.^^  Negro 
students  in  majority-Negro  schools  who  have  more  highly  educated 
teachers  more  frequently  have  definite  plans  to  attend  college. 

This  association,  however,  is  weakened  in  majority-white  schools. 
Differences  in  teacher  qualifications  are  not  as  closely  related  to  the  fre- 
quency with  which  Negro  students  in  such  schools  report  definite  college 
plans.     Yet  Negro  students  in  these  schools  are  more  likely  to  have 

^■■'  Ibid. 

^  Rosenthal,  Experimenter  Effects  in  Behavioral  Research  41 1  ( 1966) .  This  effect 
was  clear  only  in  primary  grades. 

^"  Davidson  and  Lang,  "Children's  Perceptions  of  Their  Teachers'  Feelings  Toward 
Them  Related  to  Self-Perception,  School  Achievement,  and  Behavior,"  29  Journal  of 
Experimental  Education  107  (1960);  See  also:  Boston  Hearing  at  98  (Testimony 
of  Mrs.  Joyce  Johnson) . 

''See  app.  C-1 ,  table  7.23-7.30  at  126-33. 

''Id.  tables  7.23  and  7.24  at  126-127. 

99 


definite  college  plans  than  similar  situated  students  in  majority-Negro 
schools,  regardless  of  the  quality  of  their  teachers.  Thus  the  advantages 
of  having  more  highly  qualified  teachers  seem  to  be  outweighed  by  the 
advantage  of  attending  majority-white  schools. 

It  must  be  noted  again  that  this  analysis  deals  only  with  existing  vari- 
ations in  teacher  quality.  It  cannot  assess  the  potential  effects  upon 
Negro  students  of  improved  teacher  quality  and  teaching  techniques. 

It  seems  clear,  however,  that  the  performance  of  Negro  students  is 
distinctly  less  related  to  differences  in  the  quaUty  of  schools  and  teachers 
than  the  social  class  and  racial  composition  of  their  schools.  This  fur- 
ther reinforces  the  conclusion  that  the  quality  of  education  presently 
provided  in  schools  does  little  to  reverse  the  inequalities  imposed  upon 
children  by  factors  within  and  outside  the  schools.  The  analysis  thus 
suggests  that  changes  in  the  social  class  or  racial  composition  of  schools 
would  have  a  greater  effect  upon  student  achievement  and  attitudes  than 
changes  in  school  quality.^^^ 

Racial  Composition  and  Student 
Performance 

In  the  preceding  sections  it  has  been  shown  that  there  is  a  relationship 
between  the  social  class  composition  of  schools  and  student  performance 
which  is  distinct  from  the  relationship  between  school  quality  and  student 
performance.  A  relationship  has  been  shown,  too,  between  student  per- 
formance and  the  racial  composition  of  schools  which  also  apparently 
is  distinct  from  considerations  either  of  school  social  class  or  school 
quality. 

Two  questions  remain.  First,  does  the  higher  performance  of  Negro 
children  in  majority-white  schools  result  from  a  process  of  selection — the 
fact  that  they  initially  were  more  able  students? 

Second,  if  this  is  not  the  case,  what  does  account  for  the  performance 
differences  between  Negro  students  in  majority-white  and  majority- 
Negro  schools? 

Selection 

Wilson  examined  the  question  of  selection  in  his  study  of  Richmond 
students.  Since  the  students'  early  elementary  achievement  was  known, 
it  was  possible  to  determine  whether  the  Negro  students  in  majority- 
white  schools  initially  were  more  able.  When  Wilson  examined  this 
question  he  found  that: 

The  Negro  students  who  attended  integrated  schools  had  higher 
mental  maturity  test  scores  in  their  primary  grades,  and  came  from 
homes  better  provided  with  educative  materials.^^ 


1 


"••'  OE  Survey  325. 

"^See  Wilson  app.  C-3  at  185. 


100 


A  related  question,  then,  was  whether  the  racial  composition  of  the 
majority-white  schools  had  an  effect  on  the  academic  performance  of  the 
Negro  children,  in  addition  to  their  initial  greater  ability.  When  the  early 
elementary  achievement  of  these  students  was  held  constant,  Wilson 
found  that  "the  racial  composition  of  schools,  while  tending  to  favor 
Negro  students  in  integrated  schools,  does  not  have  a  substantial  effect."  ^^ 
There  was,  however,  still  a  strong  effect  of  the  social  class  composition 
of  their  schools.^^ 

Yet  if  the  Richmond  Negro  students  who  were  in  majority-white 
schools  were  initially  more  able,  this  still  leaves  open  the  question  of  the  ef- 
fects of  majority- white  schools  on  the  performance  of  a  broader  range  of 
Negro  students,  many  of  whom  probably  were  not  initially  more  able. 
Because  of  the  small  size  of  the  sample,  Wilson  could  not  examine  this 
question  fully. 

The  Commission  did  examine  the  question — in  further  analysis  of  the 
survey  data — with  a  larger  sample  of  students.  To  determine  whether 
the  racial  composition  of  schools  had  an  effect  upon  the  performance  of 
a  range  of  students,  the  achievement  of  less  able  Negro  students  in  schools 
of  different  racial  compositions  was  analyzed. 

First,  the  performance  of  Negro  students  in  different  ability  groups 
was  studied.  It  is  unlikely  that  Negro  students  in  low  ability  groups 
uniformly  would  have  been  more  able  students  earlier  in  school. ^^ 

The  results  of  this  analysis  are  summarized  in  Table  6.^^  It  shows  the 
verbal  achievement  levels  of  disadvantaged  ninth  grade  Negro  students, 
in  low  ability  groups,  in  majority-white  schools,  in  classrooms  of  different 
racial  compositions.  When  row  1  is  read  across  it  is  seen  that  there  is 
relationship  between  verbal  achievement  and  having  a  majority  of  white 
classmates.  When  row  2  is  read,  a  similar  but  more  pronounced  rela- 
tionship exists.  When  the  columns  are  read  down  a  marked  relationship 
to  social  class  composition  is  seen. 

Table  6. — Achievement  of  Negro  Students  in  Low  and  Medium  Ability 
Groups.  (Average  verbal  achievement  in  grade  levels  of  9th  grade  Negro  students,  in 
majority-white  schools  in  low  and  medium  ability  groups;  Metropolitan  Northeast) 


Individual's  parents'  education 

School  average  parents'  education 
(social  class  level  of  school) 

Percent  white  in  classroom 

(social  class  of  students) 

Less  than 
half 

More  than 
half 

Less  than  high  school 
graduate. 

(low) 

(1)  Less  than  high  school 

(low) 

(2)  High  school  or  more 

(medium  to  high) 

5.8 
6.3 

6.2 
7.0 

Source :  USCCR  analysis  of  OE  Survey  data.     See  App.  CI. 


""Id.  at  186. 

"  Ibid. 

'*  For  a  full  discussion,  see  App.  C-1 ,  sec.  1.2  at  37. 

"^App.  C-1,  table  5.6  at  91. 


243-637   O  -  67  -  8 


101 


The  achievement  of  a  broad  range  of  Negro  students  also  can  be  exam- 
ined by  holding  the  average  verbal  achievement  of  their  schools  constant, 
while  the  relationship  between  student  achievement  and  racial  com- 
position is  assessed.  The  social  class  of  individual  students  also  is  taken 
into  account.  Table  7  depicts  the  results  for  disadvantaged  Negro 
students.^"  When  row  1  is  read  across,  it  is  seen  that  the  achievement  of 
disadvantaged  Negro  students  in  the  lowest  achieving  schools  increases 
in  majority-white  classrooms.  The  trend  grows  stronger  as  the  average 
achievement  level  of  the  school  rises. 

Table  7. — Negro  Students'  Achievement  Controlling  for  School  Average 
Achievement.  (Average  verbal  achievement  in  grade  levels  for  9th  grade  Negro 
students  by  parents'  education,  average  of  school's  verbal  achievement  scores, 
and  proportion  white  classmates;  for  Metropolitan  Northeast) 


Individual's  parents'  education 

School  environ- 
ment: school 

average  verbal 
achievement 

Proportion  white  classmates 

(social  class  of  students) 

None 

Less  than 
half 

About  half 
or  more 

Less  than  high  school 

(low) 

(1)  8.  0-  9.  3 

(2)  9.  4-10.  8 

(3)  11.0 

5.  5 

6.  3 
6.  3 

6.  1 
6.6 
6.  1 

5.9 
6.7 

7.  4 

Source :  USCCR  analysis  of  OE  Survey  data.     See  App.  CI. 

Another  approach  to  the  problem  was  taken  in  a  study  prepared  for 
the  Commission  by  David  J.  Armor,  Assistant  Professor  of  Sociology  at 
Harvard  University.  Armor  further  analyzed  the  Office  of  Education 
survey  data  to  examine  more  closely  the  relationship  between  college 
aspirations  and  the  racial  composition  of  schools.  His  study  sought  to 
determine  whether  the  higher  college  aspirations  of  Negro  students  in 
majority-white  schools  could  be  accounted  for  solely  by  their  higher 
academic  achievement.  If  they  uniformly  were  more  able  then  it  might 
be  argued  that  it  was  not  the  racial  composition  of  the  school,  but  their 
achievement  which  influenced  the  aspiration  differences. 

Armor  thus  dealt  separately  with  the  most  academically  able  Negro 
male  students,  and  weighed  the  relationship  between  racial  composition 
of  their  classrooms  and  their  college  plans.  The  study  focused  on  stu- 
dents whose  verbal  achievement  was  above  the  median  for  the  region 
and  who  had  "A"  and  "B"  grades  in  school. 

Armor  found  no  consistent  relationship  between  student  aspirations 
and  the  racial  composition  of  schools  for  advantaged  Negro  students. 
When  he  considered  disadvantaged  students  of  high  ability,  however. 
Armor  concluded : 

.  .  .  [I]t  is  the  qualified,  bright  student  from  a  lower  class  back- 
ground .  .  .  who  is  most  aided  by  integration  (or,  conversely,  hurt 
most  by  segregation) .  In  a  sense,  he  is  the  one  for  whom  the  most 
help  is  required.   .  .  .     For  the  able  middle  class  Negro  in  a  better 


Id.  table  4.13  at  82.     The  school  average  achievement  includes  all  students. 


102 


school,  there  is  not  as  much  effect  due  to  integration.  But  do  these 
students  need  the  help?  ...  85  percent  are  already  planning 
college  .   .   .  how  much  improvement  do  they  need? 

Clearly,  the  effects  of  integration  have  been  shown  to  help  those 
with  the  greatest  need  for  a  boost.  .  .  .^'^ 

The  analysis  suggests  that  selectivity  does  not  entirely  account  for  the 
relationship  between  the  racial  composition  of  schools  and  the  achieve- 
ment and  aspirations  of  Negro  students. 

The  Racially  Isolated  School 

What  is  it,  then,  about  the  racially  isolated  school  which  seems  to 
result  in  the  poorer  achievement  of  many  Negro  students?  And  con- 
versely, what  factors  in  the  majority- white  school  account  for  the  more 
positive  attitudes  and  higher  achievement  of  Negro  students? 

Negro  students  often  come  to  school  with  attitudes  and  experiences 
which  bear  upon  their  performance  in  school.  Like  all  children  they 
become  aware  of  racial  differences  at  an  early  age.  Young  Negro  chil- 
dren, however,  often  tend  to  reject  their  own  skin  color,  and  to  have 
problems  of  self-esteem.^-  Kenneth  Morland,  Chairman  of  the  Depart- 
ment of  Sociology  and  Anthropology  at  Randolph-Macon  College,  has 
written : 

In  a  sense,  American  society  educates  for  prejudice.  Studies 
in  both  Northern  and  Southern  communities  .  .  .  show  that 
Negro  as  well  as  white  children  develop  a  bias  for  the  white  race 
at  an  early  age.  This  bias  is  indicated  by  both  a  preference  for 
and  an  identification  with  whites  rather  than  with  Negroes.^^ 

There  is  reason  to  believe  that  the  racial  comjxjsition  of  schools  can 
serve  either  to  overcome  or  to  compound  these  problems  of  low  self- 
esteem.*'*    For  example,  Calvin  Brooks,  during  his  testimony  at  the  Cleve- 

"See  Armor  app.  C-2  at  146. 

°"  For  summaries  and  interpretation  of  studies  and  literature  on  low  self-esteem 
among  Negroes  see:  Vontress,  "The  Negro  Personality  Reconsidered,"  35  Journal  of 
Negro  Education  210  (1966);  Ausubel  and  Ausubel,  "Ego  Development  Among 
Segregated  Negro  Children"  in  Education  in  Depressed  Areas  109  (Passow  cd.  1963)  ; 
Karon,  The  Negro  Personality  ( 1958)  ;  20  Journal  of  Social  Issues  [The  Negro  Amer- 
ican Personality,  spec,  issue]   (Pettigrew  and  Thompson  ed.  April,  1964). 

*^  Morland,  "The  Development  of  Racial  Bias  in  Young  Children,"  2  Theory  Into 
Practice  120  (1963).  In  another  study,  Morland  found  that  Negro  nursery  school 
children  attending  segregated  schools  in  Lynchburg,  Virginia,  tended  to  identify 
themselves  as  white  rather  than  Negro.  "Racial  Self-Identification :  A  Study  of 
Nursery  School  Children,"  24  The  American  Catholic  Sociological  Review  231  (Fall, 
1963).  In  a  later  study,  Morland  compared  two  groups  of  children,  one  from  Lynch- 
burg, Virginia,  and  the  other  from  Boston,  Massachusetts.  He  found  that  both  groups 
of  Negroes  manifested  a  bias  for  whites.  Morland,  "A  Comparison  of  Race  Aware- 
ness in  Northern  and  Southern  Children,"  36  American  Journal  of  Orthopsychiatry 
22  (January,  1966).  This  bias  toward  whites  does  not  appear  to  be  a  regional 
phenomenon. 

**  Clark,  "Educational  Stimulation  of  Racially  Disadvantaged  Children"  in  Edu- 
cation in  Depressed  Areas  (Passow  ed.  1963). 

103 


land  hearing,  described  the  environment  at  his  school  and  its  effects  upon 

the  students : 

...  it  had  an  effect  because  they  were  there  and  all  they  saw  were 
Negroes  and  they  were  raised  in  an  environment  of  poverty  and  the 
building  was  old  and  it  had  an  effect  I  don't  know  of — of  hopeless- 
ness. They  didn't  think  that  they  could  do  anything  because 
their  fathers  had  common  labor  jobs  and  they  didn't  think  they 
could  ever  get  any  higher  and  they  didn't  work,  some  of  them.^'^ 

In  part,  the  relationship  between  racially  isolated  schools  and  poor 
performance  and  low  self-esteem  is  based  upon  the  fact  that  predomi- 
nantly Negro  schools  are  generally  regarded  as  inferior  by  the  community. 
James  Allen,  Commissioner  of  Education  for  the  State  of  New  York, 
pointed  out  at  the  Commission  hearing  in  Rochester  that : 

.  .  .  the  all-Negro  schools  .  .  .  are  looked  upon  by  the  com- 
munity as  being  poor  schools.  .  .  .  No  matter  what  you  do  to 
try  to  make  them  better,  in  the  minds  of  most  white  people  in  these 
communities,  they  are  poor  schools.'"' 

At  other  Commission  hearings  parents  and  teachers  often  testified  that 
predominantly  Negro  schools  are  stigmatized  institutions.  Dr.  Charles 
Pinderhughes,  a  psychiatrist  who  testified  at  the  Boston  hearing,  said  that 
"the  Negro  school  carries  with  it  a  stigma  that  influences  the  attitudes  both 
on  the  part  of  outsiders  and  on  the  part  of  parents,  students,  and  teach- 
ers .  .  .".^^  Dr.  John  Fischer,  President  of  Teachers  College  at  Columbia 
University,  has  written  of  the 

.  .  .  unfortunate  psychological  effect  upon  a  child  of  member- 
ship in  a  school  where  every  pupil  knows  that,  regardless  of  his 
personal  attainments,  the  group  with  which  he  is  identified  is 
viewed  as  less  able,  less  successful,  and  less  acceptable  than  the 
majority  of  the  community.''^ 

The  impact  of  negative  community  attitudes  upon  children  was  illus- 
trated at  the  Commission  hearing  in  Cleveland  where  a  teacher  at  an 
all-Negro  high  school  was  asked  about  a  student  exchange  between  his 
school  and  an  all-white  suburban  high  school.  He  explained  how  his 
students  felt  about  themselves  and  the  school  after  the  exchange : 

...  I  think  the  reaction  is  somewhat  illuminating  as  one  of  my 
students  in  one  of  my  classes  said  last  year,  "Well,  it  was  nice  of 
them  to  come  down  to  the  zoo  to  see  us."  ''^ 

Community  attitudes  toward  schools  which  identify  them  as  inferior 
also  are  recognized  by  their  teaching  and  administrative  staff.  Testimony 
at  Commission  hearings  tended  to  confirm  the  conclusions  of  some  re- 

^  Cleveland  Hearing  at  283. 
^  Rochester  Hearing  at  420. 
"^  Boston  Hearing  at  139. 
°' John  H.  Fischer,  "Race  and  Reconcilation:  The  Role  of  the  School,"  95  Daedalus 
26  (Winter,  1966). 

°"  Cleveland  Hearing  at  308  (Testimony  of  Charles  Bohi). 

104 


searchers  that  teachers  in  racially  isolated  schools  recognize  the  stigma 
of  inferiority  which  is  attached  to  their  schools.  At  the  Cleveland  hear- 
ing, one  teacher,  asked  how  he  felt  when  he  was  informed  that  he  had 
been  assigned  to  a  school  that  was  95  percent  Negro,  replied : 

Well,  I  think  I  was  a  little  bit  disappointed  personally.  I 
knew  .  .  .  that  any  time  a  school  is  predominantly  Negro  .  .  . 
that  there  is  a  stigma  that  goes  with  it,  that  it  just  can't  be  first  class. 
I  not  only  feel  that  this  is  true  in  the  minds  of  Negroes,  but  also  in 
the  minds  of  most  whites.^"" 

There  is  evidence  that  this  affects  the  attitudes  and  performance  of 
many  teachers  in  majority-Negro  schools.  At  the  Commission  hearing 
in  Rochester,  Franklyn  Barry,  Superintendent  of  Schools  in  Syracuse, 
N.Y.,  testified  that  in  such  schools  teachers  often  "average  down"  their 
expectations  of  the  students."^  A  study  of  schools  in  Harlem  discussed 
the  low  teacher  expectations  there,  and  concluded  that : 

The  atmosphere  stemming  from  such  expectations  cannot  be 
conducive  to  good  teaching,  and  is  manifest  in  friction  between 
teachers,  abdication  of  teaching  responsibilities  .  .  .  [and]  a  con- 
cern with  discipline  rather  than  learning  .  .  ."^ 

This  is  consistent  with  data  from  the  Equality  of  Educational  Oppor- 
tunity survey  which  noted  that  Negro  students  were  more  likely  to  have 
teachers  who  did  not  want  to  remain  in  their  present  school.  Their 
teachers  also  were  more  likely  to  feel  that  other  teachers  regarded  their 
school  as  a  poor  one.^°^ 

Conversely  the  student  environment  in  desegregated  schools  can  offer 
substantial  support  for  high  achievement  and  aspirations.^"*  The  ma- 
jority of  the  children  in  such  schools  do  not  have  problems  of  self-confi- 
dence due  to  race  and  the  schools  are  not  stigmatized  as  inferior.  The 
students  are  likely  to  assume  that  they  will  succeed  in  school  and  in  their 
future  careers,  for  the  school  reflects  the  mainstream  of  American  society. 
The  environment  in  such  schools  is  well  endowed  with  models  of  aca- 
demic and  occupational  success.  For  Negro  children,  desegregated 
schools  may  pose  problems  of  racial  identification.^"^  But  they  also  offer 
association  with  other  students  who  see  a  clear  connection  between  their 
education  and  later  careers  with  no  contradictions  or  serious  doubts. 
High  aspirations  held  by  Negro  students  in  such  schools  are  more  likely 
to  be  supported  by  the  similar  aspirations  of  their  schoolmates.^"^^ 

^°*'  Cleveland  Hearing  at  302  (Testimony  of  Ulysses  Van  Spiva). 

"*^  Rochester  Hearing  at  468. 

^"^  Harlem  Youth  Opportunities  Unlimited,  Inc.,  op.  cit.  supra  note  42  at  239. 

'"^  OE  Survey  154,  table  2.34.6. 

'°*  This  discussion  includes  influence  of  desegrated  schools  in  which  there  is  a  rela- 
tive absence  of  tension.     For  further  discussion,  see  app.  C-1  at  42-43. 

'*'  For  a  general  discussion  of  problems  of  identity,  see,  e.g.,  Erikson,  "A  Memo- 
randum on  Identity  and  Negro  Youth,"  20  Journal  of  Social  Issues  29  (October, 
1964)  ;  Lesser  et.  al.,  "Some  EflPects  of  Segregation  and  Desegregation  in  the  Schools," 
Integrated  Education  20  (June-July,  1964). 

^"^^  It  may  also  be  that  there  is  a  greater  challenge  to  Negro  students  in  desegregated 
schools. 

105 


land  hearing,  described  the  environment  at  his  school  and  its  effects  upon 
the  students : 

...  it  had  an  effect  because  they  were  there  and  all  they  saw  were 
Negroes  and  they  were  raised  in  an  environment  of  poverty  and  the 
building  was  old  and  it  had  an  effect  I  don't  know  of — of  hopeless- 
ness. They  didn't  think  that  they  could  do  anything  because 
their  fathers  had  common  labor  jobs  and  they  didn't  think  they 
could  ever  get  any  higher  and  they  didn't  work,  some  of  them.^^ 

In  part,  the  relationship  between  racially  isolated  schools  and  poor 
performance  and  low  self-esteem  is  based  upon  the  fact  that  predomi- 
nantly Negro  schools  are  generally  regarded  as  inferior  by  the  community. 
James  Allen,  Commissioner  of  Education  for  the  State  of  New  York, 
pointed  out  at  the  Commission  hearing  in  Rochester  that : 

.  .  .  the  all-Negro  schools  .  .  .  are  looked  upon  by  the  com- 
munity as  being  poor  schools.  .  .  .  No  matter  what  you  do  to 
try  to  make  them  better,  in  the  minds  of  most  white  people  in  these 
communities,  they  are  poor  schools. ^^ 

At  other  Commission  hearings  parents  and  teachers  often  testified  that 
predominantly  Negro  schools  are  stigmatized  institutions.  Dr.  Charles 
Pinderhughes,  a  psychiatrist  who  testified  at  the  Boston  hearing,  said  that 
"the  Negro  school  carries  with  it  a  stigma  that  influences  the  attitudes  both 
on  the  part  of  outsiders  and  on  the  part  of  parents,  students,  and  teach- 
ers .  .  .".^^  Dr.  John  Fischer,  President  of  Teachers  College  at  Columbia 
University,  has  written  of  the 

.  .  .  unfortunate  psychological  effect  upon  a  child  of  member- 
ship in  a  school  where  every  pupil  knows  that,  regardless  of  his 
personal  attainments,  the  group  with  which  he  is  identified  is 
viewed  as  less  able,  less  successful,  and  less  acceptable  than  the 
majority  of  the  community.''^ 

The  impact  of  negative  community  attitudes  upon  children  was  illus- 
trated at  the  Commission  hearing  in  Cleveland  where  a  teacher  at  an 
all-Negro  high  school  was  asked  about  a  student  exchange  between  his 
school  and  an  all-white  suburban  high  school.  He  explained  how  his 
students  felt  about  themselves  and  the  school  after  the  exchange : 

...  I  think  the  reaction  is  somewhat  illuminating  as  one  of  my 
students  in  one  of  my  classes  said  last  year,  "Well,  it  was  nice  of 
them  to  come  down  to  the  zoo  to  see  us."  ^" 

Community  attitudes  toward  schools  which  identify  them  as  inferior 
also  are  recognized  by  their  teaching  and  administrative  staff.  Testimony 
at  Commission  hearings  tended  to  confirm  the  conclusions  of  some  re- 

^  Cleveland  Hearing  at  283. 
^  Rochester  Hearing  at  420. 
"  Boston  Hearing  at  139. 

"^  John  H.  Fischer,  "Race  and  Reconcilation :  The  Role  of  the  School,"  95  Daedalus 
26  (Winter,  1966). 

^  Cleveland  Hearing  at  308  (Testimony  of  Charles  Bohi). 

104 


searchers  that  teachers  in  racially  isolated  schools  recognize  the  stigma 
of  inferiority  which  is  attached  to  their  schools.  At  the  Cleveland  hear- 
ing, one  teacher,  asked  how  he  felt  when  he  was  informed  that  he  had 
been  assigned  to  a  school  that  was  95  percent  Negro,  replied : 

Well,  I  think  I  was  a  little  bit  disappointed  personally.  I 
knew  .  .  .  that  any  time  a  school  is  predominantly  Negro  .  .  . 
that  there  is  a  stigma  that  goes  with  it,  that  it  just  can't  be  first  class. 
I  not  only  feel  that  this  is  true  in  the  minds  of  Negroes,  but  also  in 
the  minds  of  most  whites. ^°° 

There  is  evidence  that  this  affects  the  attitudes  and  performance  of 
many  teachers  in  majority-Negro  schools.  At  the  Commission  hearing 
in  Rochester,  Franklyn  Barry,  Superintendent  of  Schools  in  Syracuse, 
N.Y.,  testified  that  in  such  schools  teachers  often  "average  down"  their 
expectations  of  the  students.^°^  A  study  of  schools  in  Harlem  discussed 
the  low  teacher  expectations  there,  and  concluded  that : 

The  atmosphere  stemming  from  such  expectations  cannot  be 
conducive  to  good  teaching,  and  is  manifest  in  friction  between 
teachers,  abdication  of  teaching  responsibilities  .  .  .  [and]  a  con- 
cern with  discipline  rather  than  learning  .  .  .^°^ 

This  is  consistent  with  data  from  the  Equality  of  Educational  Oppor- 
tunity survey  which  noted  that  Negro  students  were  more  likely  to  have 
teachers  who  did  not  want  to  remain  in  their  present  school.  Their 
teachers  also  were  more  likely  to  feel  that  other  teachers  regarded  their 
school  as  a  poor  one.^"^ 

Conversely  the  student  environment  in  desegregated  schools  can  offer 
substantial  support  for  high  achievement  and  aspirations. ^°*  The  ma- 
jority of  the  children  in  such  schools  do  not  have  problems  of  self-confi- 
dence due  to  race  and  the  schools  are  not  stigmatized  as  inferior.  The 
students  are  likely  to  assume  that  they  will  succeed  in  school  and  in  their 
future  careers,  for  the  school  reflects  the  mainstream  of  American  society. 
The  environment  in  such  schools  is  well  endowed  with  models  of  aca- 
demic and  occupational  success.  For  Negro  children,  desegregated 
schools  may  pose  problems  of  racial  identification."^  But  they  also  offer 
association  with  other  students  who  see  a  clear  connection  between  their 
education  and  later  careers  with  no  contradictions  or  serious  doubts. 
High  aspirations  held  by  Negro  students  in  such  schools  are  more  likely 
to  be  supported  by  the  similar  aspirations  of  their  schoolmates."^^ 

^'^  Cleveland  Hearing  at  302  (Testimony  of  Ulysses  Van  Spiva). 

'"^  Rochester  Hearing  at  468. 

""  Harlem  Youth  Opportunities  Unlimited,  Inc.,  op.  cit.  supra  note  42  at  239. 

'•"  OE  Survey  154,  table  2.34.6. 

^°*  This  discussion  includes  influence  of  desegrated  schools  in  which  there  is  a  rela- 
tive absence  of  tension.     For  further  discussion,  see  app.  C-1  at  42-43. 

'*"  For  a  general  discussion  of  problems  of  identity,  see,  e.g.,  Erikson,  "A  Memo- 
randum on  Identity  and  Negro  Youth,"  20  Journal  of  Social  Issues  29  (October, 
1964)  ;  Lesser  et.  al.,  "Some  EflFects  of  Segregation  and  Desegregation  in  the  Schools," 
Integrated  Education  20  (June-July,  1964). 

^'^^  It  may  also  be  that  there  is  a  greater  challenge  to  Negro  students  in  desegregated 
schools. 

105 


ground  or  the  social  class  level  of  their  classmates.  Disadvantaged  Negro 
children  generally  perform  at  higher  levels  if  they  have  been  in  school  with 
whites  for  some  time,  regardless  of  the  present  social  class  level  of  their 
classmates.  They  perform  at  even  higher  levels  if,  instead  of  simply  being 
in  schools  with  whites  whose  family  background  is  the  same  as  theirs, 
they  are  in  schools  where  the  students  are  from  families  of  higher  educa- 
tional background. 

The  cumulative  eflfect  on  attitudes  is  similar.  Negro  students  who  have 
had  contact  with  whites  since  the  early  elementary  grades  are  more  likely 
to  feel  able  to  affect  their  own  destiny  than  those  who  have  not  had  that 
experience."" 

Both  the  academic  performance  and  attitudes  of  Negro  students,  then, 
are  affected  by  the  duration  of  their  school  contact  with  whites.  Stu- 
dents whose  first  contact  with  whites  was  late  in  elementary  or  early 
in  secondary  schools  are  at  a  distinct  disadvantage  when  compared  with 
Negroes  who  have  had  school  contact  with  whites  since  the  early  grades. 

Income  and  Occupation 

The  cumulative  effects  of  education  extend  in  later  life  to  differences  in 
income  and  occupation.  Negroes  with  levels  of  education  similar  to 
whites  do  not  earn  similar  amounts  of  money  or  hold  similar  jobs.  These 
differences  have  been  attributed  both  to  employment  discrimination  and 
the  quahty  of  education.^"  The  racial  composition  of  schools,  however, 
has  not  been  taken  into  account  in  these  comparisons.  When  they  are, 
important  differences  appear. 

A  national  survey  of  Negro  and  white  adults  conducted  for  the  Com- 
mission shows  that  for  both  Negroes  and  whites,  levels  of  personal  income 
rise  with  levels  of  education."-    As  Table  8  shows,  Negro  adults  who  at- 

Table  8. — Income  levels:  Percent  of  Negroes  earning  over  $6,500  per  year  {median 

income  of  the  sample) 


Education  Desegregated        Isolated  school 


Some  high  school 42.3  36.6 

High  school  graduate 62.  8  52.  8 

College 75.5  77.3 

Source  :   NORC  Survey. 


""/rf.,  table  3.5  at  62. 

^^  See,  e.g.,  Council  of  Economic  Advisors,  ".\nnual  Report"  in  Economic  Report 
of  the  President  107  (1966);  U.S.  Dept.  of  Labor,  Report  on  Manpower  Require- 
ments, Resources,  Utilization  and  Training  36  (1965);  Harrington,  The  Other 
America  61-81  (1963). 

""  For  a  description  of  this  survey  see  app.  C-5  at  211.  The  survey  w^as  conducted 
by  the  National  Opinion  Research  Center,  at  the  University  of  Chicago,  and  the  data 
analysis  performed  at  Harvard  University  under  the  supervision  of  Dr.  Thomas  F. 
Pettigrew.  The  survey -sample  included  some  1,600  Negroes  and  some  1,300  whites. 
(Hereinafter  referred  to  as  NORC  Survey. ) 

108 


tended  desegregated  schools  are  more  likely  to  be  earning  more  than 
$6,500  a  year  than  otherwise  similarly  situated  Negroes  who  attended 
racially  isolated  schools."^  Only  when  Negroes  with  college  education 
are  considered  does  racial  isolation  appear  not  to  affect  one's  chances  of 
earning  more  than  $6,500  a  year. 

Similar  differences  appear  in  occupations.  As  Table  9  shows,  the  pro- 
portion of  Negroes  in  white-collar  jobs  increases  as  their  level  of  education 
rises,  but  Negroes  who  attended  desegregated  schools  are  more  likely  to 
be  in  white  collar  occupations  than  Negroes  who  attended  racially 
isolated  schools.^"  Again,  this  does  not  hold  for  Negroes  who  have  a 
college  education. 


Table  9. — Percent  of  Negroes  where  main  family  earner  holds  a  white-collar  job 

Education 

Type  of  school  attended 

Desegregated 

Isolated 

Some  high  school                               .     - 

18.5 
28.6 
53.  5 

11.8 

High  school  graduate 

College                     _ .                               _  _                  

19.6 
59.  5 

Source  :   NORC  Survey. 

These  differences  in  income  are  not  accounted  for  by  economic  or 
social  disparities  in  family  background. ^^^  The  source  of  the  difference 
probably  arises  from  both  the  academic  advantages  Negroes  derive  from 
desegregated  schools,  the  increased  associations  they  have  with  whites, 
and  an  ability  to  function  better  in  desegregated  situations. 

*•  *  -jf 

Racially  isolated  schools,  then,  generally  are  regarded  by  the  com- 
munity as  inferior  institutions.  The  stigma  attached  to  such  schools 
affects  the  attitudes  of  both  students  and  teachers.  Students  sense  the 
community  attitudes  and  the  fact  that  their  teachers  often  expect  little 
of  them.  The  combination  of  poor  performance  and  low  expectations 
reinforces  their  sense  of  futility  and  their  image  in  teachers'  minds  as 
children  who  cannot  learn.  The  negative  attitudes  and  poor  perform- 
ance of  Negro  children  in  isolated  schools  accumulate  over  time,  making 
a  successful  interruption  of  the  process  increasingly  difficult.  They 
carry  over  into  adult  life  and  are  reflected  there  in  levels  of  income  and 
occupation. 

The  Perpetuation  of  Racial  Isolation 

The  damaging  consequences  of  racially  isolated  schools  extend  beyond 
the  academic  performance  and  attitudes  of  Negro  schoolchildren  and  the 
subsequent  impairment  of  their  ability  to  compete  economically  and 

"'/^.,  table  2  at  215. 
"* /datable  1  at  2 15. 

^"  Ibid.  When  the  economic  and  social  characteristics  of  the  respondents'  parents 
were  controlled  the  relationship  still  existed. 

109 


occupationally  with  whites.  Racial  isolation  in  the  schools  also  fosters 
attitudes  and  behavior  that  perpetuate  isolation  in  other  important  areas 
of  American  life.  Negro  adults  who  attended  racially  isolated  schools 
are  more  likely  to  have  developed  attitudes  that  alienate  them  from 
whites.  White  adults  with  similarly  isolated  backgrounds  tend  to  resist 
desegregation  in  many  areas — housing,  jobs,  and  schools. 

At  the  same  time,  attendance  at  racially  isolated  schools  tends  to  re- 
inforce the  very  attitudes  that  assign  inferior  status  to  Negroes.  White 
adults  who  attended  schools  in  racial  isolation  are  more  apt  than  other 
whites  to  regard  Negro  institutions  as  inferior  and  to  resist  measures 
designed  to  overcome  discrimination  against  Negroes.  Negro  adults 
who  attended  such  schools  are  likely  to  have  lower  self-esteem  and  to 
accept  the  assignment  of  inferior  status. 

Conversely,  Negroes  who  have  attended  desegregated  schools  tend  to 
have  a  higher  self-esteem,  higher  aspirations  and  are  more  likely  to  seek 
desegregated  situations.  Whites  who  have  had  desegregated  education 
are  more  likely  to  report  a  willingness  to  accept  Negroes  in  desegregated 
situations  and  to  support  measures  that  will  afford  equal  opportunity. 

Racial  Attitudes 

The  racial  attitudes  and  preferences  of  both  Negroes  and  whites  are 
influenced  by  the  racial  composition  of  the  schools  they  attend.  The 
process  begins  early. 

For  example,  a  1962  study  was  made  of  student  preferences  in  Louis- 
ville, Ky.,  where  students  are  allowed  to  choose  the  high  school  they  will 
attend.  The  city  had  six  high  schools,  all  but  one  of  which  was  pre- 
dominantly white.  That  school,  Central  High,  had  been  segregated  by 
law  before  1954,  and  but  for  one  white  student,  was  still  all-Negro  in 
1962."*' 

The  study  found  that  most  of  the  Negro  students  who  chose  the 
majority  white  high  schools  previously  had  attended  desegregated  ele- 
mentary or  junior  high  schools,  while  most  of  the  Negroes  who  chose 
Central  High  had  not.  It  concluded:  "The  inference  is  strong  that 
Negro  high  school  students  prefer  biracial  education  only  if  they  have 
experienced  it  before.  If  a  Negro  student  has  not  received  his  formative 
education  in  biracial  schools,  the  chances  are  he  will  not  choose  to  enter 
one  in  his  more  mature  years."  "^ 

Data  from  the  Office  of  Education's  survey  bear  out  the  inference  that 
Negro  students  are  much  more  likely  to  prefer  racially  isolated  schools  if 
they  have  attended  only  isolated  schools  and  are  more  likely  to  prefer 
desegregated  schools  if  they  have  attended  such  schools."* 


""U.S.  Commission  on  Civil  Rights,  Civil  Rights,  U.S.A.  Public  Schools  Southern 
States,  1962  at  30. 
"'Mat  30-31. 
"'  See  app.  C-1,  tables  6.7  and  6.8  at  98-99. 

110 


The  same  relationship  holds  for  white  students.  Those  who  have  not 
attended  class  with  Negroes  are  likely  to  express  a  preference  for  segre- 
gated classrooms,  while  those  who  have  been  in  desegregated  classrooms 
are  more  likely  to  prefer  desegregated  classrooms.  Moreover,  white 
students  whose  interracial  education  began  in  the  early  grades  are  even 
more  likely  to  prefer  desegregated  schools  than  whites  whose  first  asso- 
ciation with  Negroes  in  school  was  in  the  upper  elementary  or  secondary 
grades."^ 

The  survey  data  also  suggest  that  school  desegregation  has  its  greatest 
impact  upon  student  attitudes  and  preferences  through  the  mediating 
influence  of  friendship  with  students  of  the  other  race.  Negro  and  white 
students  who  attend  school  with  each  other,  but  have  no  friends  of  the 
other  race,  are  less  likely  to  prefer  desegregated  situations  than  students 
in  desegregated  schools  who  have  such  friends.  Having  attended  schools 
with  students  of  the  other  race  and  having  friends  of  the  other  race  con- 
tribute to  preferences  for  desegregation.  The  effect  is  strongest  for 
students  who  have  had  both  experiences.^^" 

By  the  time  students  graduate  from  high  school,  they  generally  have 
formed  racial  attitudes  and  preferences  that  carry  over  into  later  life.  A 
study  of  recent  high  school  graduates  in  Oakland,  Calif.,  revealed  that 
89  percent  of  the  Negroes  who  attended  desegregated  schools,  but  only 
72  percent  of  those  who  attended  segregated  schools,  have  white 
friends.^'^  Negroes  who  attended  desegregated  schools  in  Oakland  are 
more  at  ease  with  whites  than  those  who  attended  segregated  schools. ^'^ 
They  are  far  more  likely  to  disagree  with  the  statement:  "If  a  Negro  is 
wise  he  will  think  twice  before  he  trusts  the  white  man  as  much  as  he 
would  another  Negro."  ^"^  This  is  true  whether  they  come  from  middle- 
class  or  working-class  homes. ^^^ 

Sharp  dissimilarities  emerge  when  the  attitudes  of  these  recent 
graduates  toward  school  desegregation  are  compared.  Almost  all  are 
in  favor  of  school  desegregation,  but  the  Negroes  who  attended 
desegregated  schools  appear  more  interested  in  having  their  chil- 
dren attend  desegregated  schools.  Seventy-six  percent  of  the  Negroes 
with  desegregated  education,  but  only  52  percent  of  the  Negroes  with 
segregated  education  responded  affirmatively  to  the  question:  "Would 
you  be  willing  to  send  your  child  out  of  the  neighborhood  to  go  to  an 
integrated  school?"  The  dissimilarity  extends  to  neighborhood  prefer- 
ences as  well.  Seventy  percent  of  the  high  school  graduates  who  at- 
tended desegregated  schools  indicate  that  they  would  go  out  of  their 
way  to  obtain  housing  in  a  desegregated  neighborhood,  compared  to 

"'See  app.  C-1 ,  tables  8.8—8.11,  138-41  and  sec.  1.6  at  46;  OE  Survey  333,  table 
3.3.5. 

'"-°  See  app.  C-1,  tables  6.7,  6.8,  and  8.10  at  98,  99,  141. 
^  See  Oakland  app.  C-4,  table  3  at  209. 
^V<f.  table  5-7  at  209-10. 
^  Id.  table  4  at  209. 
"*  Ibid. 

Ill 


only  50  percent  of  those  who  attended  racially  isolated  schools.^"^  Thus, 
the  racial  attitudes,  preferences,  and  future  plans  of  recent  high  school 
graduates  are  strongly  influenced  by  the  racial  composition  of  the  schools 
they  attended. 

Negro  adults  show  a  pattern  of  attitudes  and  preferences  similar  to 
that  found  for  recent  high  school  graduates.  In  a  national  survey  of 
Negro  adults  it  was  found  that  those  Negroes  who  had  attended  majority- 
white  schools  were  more  likely  than  those  who  attended  racially  isolated 
schools  to  reject  the  statement  about  not  trusting  "...  a  white  as  much 
as  .  .  .  another  Negro."  This  was  true  no  matter  what  their  age,  sex, 
or  educational  levels,  or  whether  they  were  born  in  the  South  or  the 
North.  As  in  the  survey  of  recent  graduates,  the  Negro  adults  who 
attended  desegregated  schools  also  expressed  greater  willingness  to  live  in 
an  interracial  neighborhood,  even  if  they  would  have  to  pioneer  to  do 
so.^^''  Negro  adults  who  had  attended  racially  isolated  schools  were  less 
likely  to  express  a  desire  for  their  children  to  be  in  desegregated  schools 
and  they  more  often  expressed  the  view  that  Negro  children  would  have 
a  difficult  time  in  desegregated  schools.^^^ 

Further,  respondents  in  the  adult  Negro  survey  who  are  products  of 
predominantly  Negro  schools  revealed  a  lower  sense  of  self-esteem.  This 
trend  persisted  even  when  other  types  of  interracial  association — such  as 
white  friends  and  interracial  neighborhoods — were  accounted  for.  And 
it  also  held  for  both  sexes  and  for  different  social  class  and  age  groups. 
Differences  were  most  pronounced  for  those  who  never  had  been  to 
college.  ^^^ 

The  attitudes  of  whites — sampled  in  another  national  survey  of 
adults — also  were  related  to  the  racial  composition  of  the  schools  they 
attended.  Whites  who  attended  desegregated  schools  expressed  greater 
willingness  to  reside  in  an  interracial  neighborhood,  to  have  their  chil- 
dren attend  desegregated  schools,  and  to  have  Negro  friends.^^^  They 
consistently  were  more  favorable  toward  the  elimination  of  discrimination 
in  employment  against  Negroes.""  They  more  often  favored  fair  em- 
ployment laws  and  agreed  that  "Negroes  should  have  as  good  a  chance 
as  white  people  to  get  any  kind  of  job."  "^ 

Racial  Association 

These  attitudes  are  associated  with  behavior.  When  actual  patterns  of 
residence,  schooling,  and  association  are  examined  for  Negro  and  white 
adults,  sharp  differences  again  emerge  between  those  who  attended 

^7</.  tables  land  2  at  208. 
^  App.  C-5,  table  5  at  227. 
^  Id.  table  7  at  229. 
^^Id.  tables  11-15  at  223-37. 
^7rf.  tables  5-15  at  227-37. 
""/rf.  tables  13-15  at  235-37. 
"' 7^.  tables  12-15  at  234-37. 

112 


segregated  and  desegregated  schools.  Negroes  who  once  attended 
desegregated  schools  are  more  likely  to  have  children  in  desegregated 
schools  today  than  those  who  had  not/^"  As  Table  10  shows,  the  chances 
of  having  children  in  desegregated  schools  increased  as  education  levels 
rose.  Negroes  of  higher  educational  status — and  thus  higher  income — in 
general  were  less  likely  to  have  children  in  majority-Negro  schools.  But, 
irrespective  of  levels  of  education  and  income,  Negroes  are  more  likely  to 
have  children  in  majority-white  schools  if  they  attended  such  schools 
themselves.^^^ 

Table   10. — Percent  of  Negro  -parents  with  children  in  majority-white  schools 


Education 


Type  of  schools  attended 


Less  than  high  school  graduate. 

High  school  graduate 

College 


35.  4 
37.5 
56.  2 


Source :  NOJtC  Survey. 

Negroes  who  attended  desegregated  schools  also  were  more  likely  than 
those  who  attended  racially  isolated  schools  to  reside  presently  in  inter- 
racial neighborhoods.  As  Table  1 1  shows,  the  racial  composition  of 
schools  attended  has  a  consistent  relationship  to  later  residential  isolation 
independent  of  educational  and  economic  limitations.  This  is  true  at 
every  level  of  education. ^^* 

Table  11. — Percent  of  Negro  adults  living  in  mostly  white  neighborhoods 


Education 


Type  of  schools  attended 


Less  than  high  school  graduate 

High  school  graduate 

College 


20.  7 
17.  0 
28.  9 


Source  :  NORC  Survey. 


These  comparisons  suggest  that  the  effects  of  racial  isolation  and  de- 
segregation carry  over  from  early  life  into  later  life.  The  more  time  spent 
in  racially  mixed  schools,  the  greater  is  the  probability  of  living  in  inte- 
grated neighborhoods,  of  having  children  who  attend  desegregated 
schools,  and  of  having  close  white  friends. 


Summary 


The  outcomes  of  education  for  Negro  students  are  influenced  by  a 
number  of  factors  including  students'  home  backgrounds,  the  quality 


'7d.  tables  6  and  6a  at  216. 

'  Ibid. 

'M  table  3  at  215. 


113 


of  education  provided  in  their  schools,  and  the  social  class  background  of 
their  classmates.  In  addition  to  these  factors,  the  racial  composition  of 
schools  appears  to  be  a  distinct  element.  Racial  isolation  in  the  schools 
tends  to  lower  students'  achievement,  restrict  their  aspirations,  and  impair 
their  sense  of  being  able  to  affect  their  own  destiny. 

By  contrast,  Negro  children  in  predominantly  white  schools  more  often 
score  higher  on  achievement  tests,  develop  higher  aspirations,  and  have 
a  firmer  sense  of  control  over  their  own  destinies. 

Differences  in  performance,  attitudes,  and  aspirations  occur  most  often 
when  Negroes  are  in  majority-white  schools.  Negro  children  in  schools 
that  are  majority-Negro  often  fail  to  do  better  than  Negro  children  in 
all-Negro  schools.  In  addition,  the  results  stemming  from  desegregated 
schooling  tend  to  be  most  positive  for  those  Negro  children  who  began 
their  attendance  at  desegregated  schools  in  the  earlier  elementary  grades. 

An  important  contributing  element  to  the  damage  arising  from  racially 
isolated  schools  is  the  fact  that  they  often  are  regarded  by  the  community 
as  inferior  institutions  and  students  and  teachers  sense  that  their  schools 
are  stigmatized.  This  has  an  effect  on  their  attitudes  which  influences 
student  achievement. 

Racial  isolation  also  appears  to  have  a  negative  effect  upon  the  job 
opportunities  of  Negroes.  Negro  adults  who  experienced  desegregated 
schooling  tend  to  have  higher  incomes  and  more  often  hold  white-collar 
jobs  than  Negro  adults  who  attended  isolated  schools.  These  differ- 
ences are  traceable  to  the  higher  achievement  levels  of  the  Negroes  from 
desegregated  schools,  and,  in  part,  to  the  fact  that  association  with  whites 
often  aids  Negroes  in  competing  more  effectively  in  the  job  market. 

Attendance  in  racially  isolated  schools  tends  to  generate  attitudes  on 
the  part  of  Negroes  and  whites  that  lead  them  to  prefer  association  with 
members  of  their  own  race.  The  attitudes  appear  early  in  the  schools, 
carry  over  into  later  life,  and  are  reflected  in  behavior.  Both  Negroes 
and  whites  are  less  likely  to  have  associations  with  members  of  the  other 
race  if  they  attended  racially  isolated  schools.  Racial  isolation  not  only 
inflicts  educational  damage  upon  Negro  students  when  they  are  in  school, 
it  reinforces  the  very  attitudes  and  behavior  that  maintain  and  intensify 
racial  isolation  as  well. 

Moreover,  the  absence  of  interracial  contact  perpetuates  the  sense  that 
many  whites  have  that  Negroes  and  Negro  schools  are  inferior. 

Racial  isolation  in  schools  has  apparent  effects  on  both  Negro  children 
and  adults.  This  effect  can  be  direct  and  obvious — as  in  impaired 
achievement  and  aspirations.  It  can  be  indirect  and  subde — as  in  the 
negative  interracial  attitudes  and  behavior  which  further  perpetuate  the 
racial  isolation.  In  either  case,  it  contributes  to  the  continuing  process 
of  damage  and  isolation. 


114 


I 


Chapter  4 

Remedy 

There  has  been  no  general  agreement  among  educators  and  concerned 
citizens  on  the  best  way  to  remedy  the  academic  disadvantage  of  Negro 
children.  The  search  for  a  remedy  has  been  made  more  difficult  by 
the  controversy  that  often  has  accompanied  efforts  to  achieve  solutions. 
Communities  have  been  divided  by  lawsuits,  demonstrations,  and  boy- 
cotts. Parents,  students,  and  private  groups  have  contended  over 
neighborhood  schools,  racial  imbalance,  and  the  selection  of  sites  for 
school  construction.  On  more  than  one  occasion  such  local  school 
disputes  have  erupted  into  violence,  sending  shock  waves  across  the 
Nation. 

Faced  with  a  critical  yet  imperfectly  understood  problem,  school  sys- 
tems generally  have  taken  one  of  two  basic  approaches:  the  institution 
of  compensatory  education  in  majority-Negro  schools  or  school  desegre- 
gation. At  present  there  is  disagreement  over  the  relative  efficacy  of 
these  approaches. 

This  chapter  explores  compensatory  education  programs  in  majority- 
Negro  schools.  It  then  examines  school  desegregation  techniques  which 
have  been  applied  in  small  and  large  cities.  This  discussion  is  followed 
by  an  analysis  of  factors  which  are  important  in  successful  school  de- 
segregation. Finally,  the  chapter  discusses  remedies  which  have  been 
proposed  but  not  yet  implemented. 

Compensatory  Programs  in 
Isolated  Schools 

The  objectives  of  compensatory  education  programs  have  been  sum- 
marized by  Sloan  Wayland,  a  sociologist : 

Start  the  child  in  school  earlier;  keep  him  in  school  more  and 
more  months  of  the  year ;  .  .  .  expect  him  to  learn  more  and  more 
during  this  period,  in  wider  and  wider  areas  of  human  experience, 
under  the  guidance  of  a  teacher,  who  has  had  more  and  more 
training,  and  who  is  assisted  by  more  and  more  specialists,  who 
provide  an  ever-expanding  range  of  services.  .  .  } 


^  Wayland,   "Old   Problems,  New   Faces,   and  New  Standards,"   in  Education   in 
Depressed  Areas,  61  (Passowed.  1963). 

ns 


Compensatory  education  is  a  term  which,  as  used  by  educators,  may 
embody  one  or  more  of  several  distinct  approaches  to  improving  the 
quahty  of  education  for  disadvantaged  children.  One  approach — 
remedial  instruction — is  to  give  more  intensive  attention  to  students  in 
academic  difficulty.  Remedial  techniques  usually  include  reduction  of 
the  number  of  students  per  teacher,  provision  of  extra  help  to  students 
during  and  after  school,  counseling,  and  use  of  special  teaching  materials 
designed  to  improve  basic  skills.  Many  of  these  techniques  have  been 
used  in  schools  for  years  and  currently  are  employed  in  suburban  as  well 
as  inner-city  schools. 

Another  approach — cultural  enrichment — expands  activities  which 
schools  traditionally  have  offered  to  students.  Cultural  enrichment  pro- 
grams attempt  to  broaden  the  horizons  of  poor  children  by  giving  them 
access  to  activities  which  ordinarily  might  be  beyond  their  reach,  such  as 
field  trips  and  visits  to  museums,  concerts,  other  schools,  and  colleges. 
Such  programs  also  commonly  are  found  in  middle  class  schools  where 
they  operate  to  supplement  the  normal  cultural  experiences  of  the  pupils. 

A  third  element  of  many  compensatory  education  programs  involves 
efforts  to  overcome  attitudes  which  inhibit  learning.  Many  educators 
have  recognized  that  lack  of  self-esteem  is  a  major  cause  of  academic 
failure.  A  number  of  compensatory  programs  attempt  to  improve  self- 
esteem  (through  the  study  of  Negro  history,  for  example)  and  to  raise 
confidence  by  providing  successful  academic  experiences  and  recognition. 
Some  programs  try  to  raise  the  expectations  of  both  students  and  teachers 
to  overcome  negative  and  defeatist  attitudes. 

A  fourth  approach  to  compensatory  education,  incorporating  many 
elements  of  the  other  approaches,  is  preschool  education.  This  approach 
seeks  to  provide  disadvantaged  children  with  training  in  verbal  skills  and 
with  cultural  enrichment  activities  before  they  enter  the  primary  grades. 
Although  the  importance  of  preschool  education  long  has  been  recog- 
nized, such  projects  recently  have  become  widespread  with  the  support  of 
funds  from  the  Office  of  Economic  Opportunity's  Head  Start  program. 

The  goal  of  Head  Start  has  been  stated  by  the  Office  of  Economic 
Opportunity : 

[Sjpecial  preschool  education  for  children  as  young  as  3  years  old 
from  disadvantaged  home  environments  has  rapidly  become  re- 
garded by  educational  authorities  as  essential.  If  a  3-  or  4-year- 
old  child  can  be  stimulated  in  a  prekindergarten  to  learn  the  simple 
things  he  does  not  learn  from  his  parents  ...  he  may  get  a  head 
start  on  later  success  in  school.' 

One  element  common  to  many  compensatory  programs  is  an  effort 
to  involve  parents  in  the  school  program.  To  improve  the  motivation 
of  children  for  academic  work,  an  attempt  is  made  to  assure  parents 


^U.S.  Office  of  Education  and  the  Office  of  Economic  Opportunity,  Education: 
An  Answer  to  Poverty,  20. 

116 


that  the  schools  are  concerned  about  their  problems  and  to  give  concrete 
suggestions  about  how  parents  may  contribute  to  the  academic  success 
of  their  children.  Some  systems  provide  adult  education  in  an  effort  to 
remedy  inadequacies  in  the  home  environment/ 

Compensatory  education  programs  instituted  in  predominantly  Negro 
schools  attended  mostly  by  disadvantaged  students  rest  upon  the  assumi> 
tion  that  the  major  cause  of  academic  disadvantage  is  the  poverty  of 
the  average  Negro  child  and  the  environment  in  which  he  is  raised. 
Children  growing  up  in  poverty,  it  is  argued,  begin  school  poorly  moti- 
vated and  with  inadequate  verbal  skills.  The  disadvantage  increases 
as  children  proceed  through  school,  and  this  is  attributed  to  the  failure 
of  the  schools  to  provide  adequate  services.  As  a  report  of  the  Pittsburgh 
schools  said : 

[N]ot  all  low  achieving  schools  are  in  predominantly  Negro 
neighborhoods.  Low  achievement  is  associated  with  economic, 
cultural,  and  social  disadvantages  rather  than  with  race  or  creed.'* 

Racial  and  social  class  isolation  is  not  necessarily  regarded  by  advocates 
of  compensatory  education  as  an  obstacle  to  success.  In  San  Francisco, 
for  example.  Superintendent  Spears  wrote : 

Many  Negro  children  bring  to  school  a  speech  pattern  which 
reflects  an  incorrect  phonetic  conception  of  words.  .  .  .  Conse- 
quently [ethnically  homogeneous]  schools  and  the  teachers  within 
them  develop  proficiency  in  working  with  the  pupils.  .  .  .  The 
homogeneity  of  language  difficulties  of  a  group  of  children  is 
capitalized  upon  in  the  curriculum  planning  of  a  school  as  a  whole 
as  well  as  the  teacher  as  an  individual.^ 


^  See  for  example :  San  Francisco  Unified  School  District,  Compensatory  Educa- 
tion Program,  Evaluation  Report,  78  (September  1,  1966),  which  describes  an 
adult  education  program  in  family  care.  See  also:  Board  of  Education,  Englewood, 
New  Jersey,  Englewood  School  Development  Program,  First  Annual  Report,  17 
(1964-65)  which  describes  basic  adult  education  courses  with  the  expectation  that 
"illiterate  parents  who  become  involved  in  learning  themselves  take  a  keener  interest 
in  the  education  of  their  children." 

*  Board  of  Public  Education,  Pittsburgh,  Pa.,  The  Quest  for  Racial  Equality  .  .  . 
A  Year  Later  (May  1966  brochure).  See  also:  Cleveland  Hearing  at  379.  Super- 
intendent Briggs  of  Cleveland  states:  "The  fact  is  that  we  are  finding  a  greater  affinity 
to  lack  of  progress  as  it  relates  to  poverty  than  we  are  to  race."  See  also:  Interviews 
With  Urban  Public  School  Superintendents,  prepared  for  the  Race  and  Education 
Project  of  the  U.S.  Commission  on  Civil  Rights  by  McPherson,  (Oct.  1966),  39. 
Superintendent  Carl  Dolce,  of  New  Orleans  is  quoted:  "It  is  no  secret  that,  because 
of  econom'c  f-'ctors  and  the  lack  of  opportunity,  Negro  youth  on  the  average  are  sig- 
nificantly behind  white  youth  in  terms  of  achievement.  The  question  really  breaks 
down  by  class;  that  is,  we  are  dealing  with  what  is  essentially  a  class  rather  than  a 
racial  problem." 

^  Spears,  The  Proper  Recognition  of  a  Pupil's  Racial  Background  in  the  San  Fran- 
cisco Unified  School  District,  14  (June  19,  1962).  See  also  testimony  of  Paul  Ken- 
nedy, director  of  Compensatory  Education  Services,  Boston  Public  Schools,  Boston 
Hearing  at  170.  In  response  to  questions  about  whether  or  not  compensatory  educa- 
tion would  be  more  effective  if  racial  isolation  were  eliminated,  Mr.  Kennedy  said :  "I 
would  like  to  see  the  saturation  program  continued  in  the  neighborhood  schools  be- 
cause, I  think,  educationally,  fiscally,  and  administratively  it  is  almost  not  feasible  to 
spread  it  citywide." 

117 

243-637   O  -  67  -  9 


In  1965,  oi.  ="n'ey  found  approximately  85  major  compensatory 
education  programs — thos'^-  servicing  more  than  1 ,000  pupils — in  opera- 
tion throughout  the  United  States."  The  largest  programs  are  in  urban 
areas  where  there  are  high  Negro  enrollments.  As  Table  1  shows,  com- 
pensatory education  in  the  cities  generally  means  special  education  for 
Negro  children.^ 

Table  1. — Distribution  of  compensatory  education  programs  among  elementary  schools 
in  12  city  school  systems,  by  racial  composition  of  schools — 1965-66 


City 

Total  number 
of  schools 
using  com- 
pensatory 
education 
funds 

Number 
of  schools 
more  than 
50  percent 
Negro 

Number 
of  schools 
11  to  50  per- 
cent Negro 

Number 
of  schools 
0  to  10  per- 
cent Negro 

Bufifalo---   -_     __-- 

30 
51 
65 
26 
30 
45 
40 
47 
14 
46 
105 
130 

17 

25 
59 
23 
21 
31 
31 
20 
11 
19 
77 
101 

7 

19 

5 

3 

5 

5 

0 

9 

3 

9 

11 

18 

6 

Pittsburgh  L_         _   . 

7 

Philadelphia     

1 

Oakland                _            _    _  _ 

0 

Cincinnati-          _____ 

4 

Boston                           -      _    _ 

9 

Atlanta                            _   _  _ 

9 

San  Francisco. 

18 

New  Haven             _   _  _ 

0 

Milwaukee  *                            _  _   _ 

18 

Baltimore  * 

17 

Detroit » 

11 

1  Figures  for  1966-67. 

Allotments  to  city  schools  under  Title  I  of  the  1965  Elementary  and 
Secondary  Education  Act,  the  largest  single  source  of  funds  for  com- 
pensatory education,*  are  mostly  for  compensatory  programs  in  majority- 
Negro  schools.^  Of  the  remaining  funds  under  this  Act,  a  large  share 
goes  to  assist  economically  disadvantaged  white  children  who  attend 
nearly  all-white  schools,  as  for  example,  in  Milwaukee  and  San  Fran- 
cisco— cities  which  have  concentrations  of  poverty  in  both  white  and 
Negro  areas. 

The  following  discussion  analyzes  some  of  the  better  known  com- 
pensatory education  programs  that  have  been  instituted  in  majority- 

*  Urban  Child  Center,  School  of  Education,  University  of  Chicago,  Inventory  of 
Compensatory  Education  Projects,  1965.  The  inventory,  which  does  not  purport 
to  be  complete,  lists  several  hundred  programs.  Of  these,  about  85  were  listed  as 
serving  1,000  or  more  children  and/or  5  or  more  schools.  Among  these  85  projects, 
more  than  40  large  cities  were  represented. 

'  Data  for  the  table  obtained  in  a  survey  of  schools  systems  conducted  by  the 
Commission.  The  data  presented  in  the  table  were  compiled  on  the  basis  of  published 
reports,  and  unpublished  data  submitted  by  the  school  systems.  See  also:  Inventory 
of  Compensatory  Programs,  op.  cit.  supra,  note  6.  Of  the  larger  projects,  racial  data 
were  given  for  about  one-half. 

'  During  the  first  year  of  the  operation  of  the  Elementary  and  Secondary  Educa- 
tion Act  of  1965,  approximately  $1  biUion  was  spent  on  more  than  22,000  projects. 
(U.S.  Office  of  Education,  Accent  on  Compensatory  Education  [draft]  at  ii.) 

"The   chart  below  shows  the  distribution  of  Title   I   funds  among  schools  in   13 

Footnotes  continued  on  following  page. 

118 


Negro  schools — programs  which  have  served  as  prototypes  for  many 
others.  In  assessing  these  programs,  the  Commission  first  examined 
studies  and  evaluations  conducted  by  local  school  systems.  Although 
there  are  many  published  studies,  few  were  found  which  contained 
detailed  data  about  the  results  of  the  programs.  Some  of  the  more 
detailed  evaluations  are  discussed  below. 

It  should  be  stressed  that  the  Commission  has  not  sought  to  evaluate 
the  effects  of  compensatory  education,  per  se,  or  the  intrinsic  merits  or 
effectiveness  of  any  of  its  components.     Rather,  the  following  analysis 


systems.     Data  were  supplied  in  the  survey  conducted  by  the  Commission,  described 
supra,  at  7. 

Schools  with  compensatory  programs  under   Title  I:  Elementary  schools  in 
city  school  systems  by  racial  composition  of  schools — 1965-66 


Total  number 

Number  more 

Number  U-50 

Number  0-10 

City 

schools  using 
Title  I  funds 

than  50  per- 
cent Negro 

percent  Negro 

percent  Negro 

Buffalo 

30 

17 

7 

6 

Pittsburgh  ' 

51 

25 

19 

7 

Philadelphia 

65 

59 

5 

1 

Oakland 

10 

9 

1 

0 

Cincinnati 

29 

20 

5 

4 

Boston 

45 

31 

5 

9 

Cleveland 

78 

50 

7 

21 

Atlanta 

40 

31 

0 

9 

New  Haven 

14 

11 

3 

0 

San  Francisco 

39 
54 

16 

48 

8 
5 

15 

Baltimore  ' 

1 

St.  Louis 

62 

53 

5 

4 

Milwaukee  • 

46 

19 

9 

18 

1  Figures  for  1966-67. 

The  Title  I  guidelines,  promulgated  in  1965,  apparently  encouraged  use  of  funds 
in  attendance  areas  where  poverty  was  concentrated.  See  U.S.  Office  of  Education, 
School  Programs  for  Educationally  Deprived  Children,  7  (1965)  :  "Are  project  bene- 
fits limited  to  children  of  low-income  families?  No,  although  low  income  identifies  the 
attendance  area  to  be  served.  .  .  .  Is  participation  in  a  project  limited  to  children 
residing  in  an  attendance  area  designated  for  the  project?  Usually  it  is.  However, 
children  residing  outside  the  attendance  area  served  by  the  project  may  participate  in 
the  project  if  there  is  room  for  them." 

See  also  McPherson,  op.  cit.  supra,  note  4,  at  47-8,  56,  and  62.  School  officials 
from  Dallas,  Detroit,  and  Cleveland  expressed  concern  over  the  Federal  formula 
for  Title  I.  Superintendent  Briggs  of  Cleveland,  for  example,  stated:  "We  are 
really  hampered  by  the  formula.  John  .^dams  High  School  does  not  have  enough 
poverty  level  students  to  qualify  it  under  the  formula,  but  it  has  children  with  inten- 
sive needs.  We  will  need  a  half  million  dollars  in  that  school  to  keep  it  integrated." 
Despite  the  difficulty  with  the  formula,  systems  such  as  Rome,  N.Y.,  Mount  Vernon, 
N.Y.,  Charleston,  W.  Va.,  Portland,  Oreg.,  Berkeley,  Calif.,  Los  Angeles,  Calif.,  and 
Cleveland,  Ohio,  did  use  Title  I  funds  to  promote  desegregation.  (See:  U.S.  Office 
of  Education,  Statement  re  Impact  of  Title  I,  Elementary  and  Secondary  Education 
Act  of  1965  {Public  Law  89-10)  on  De  Facto  Segregation,  at  2.)  On  Aug.  9,  1966, 
the  U.S.  Commissioner  of  Education  sent  a  letter  to  State  superintendents  of  educa- 
tion clarifying  the  intent  of  the  regulations:  "The  development  of  special  educational 
assistance  for  [disadvantaged  children]  at  locations  outside  their  immediate  attendance 
areas  is  encouraged  provided  such  assistance  is  specifically  designed  to  meet  their 
special  educational  needs  and  the  location  offers  special  advantages,  such  as  op- 
portunities for  learning  in  a  widely  representative  social  environment." 


119 


weighs  only  the  measurable  results  of  compensatory  programs  upon  the 
academic  performance  of  Negro  students  in  majority-Negro  schools. 

The  Commission's  review  of  compensatory  education,  moreover,  does 
not  purport  to  assess  programs  which  only  recently  have  begun,  notably 
Project  Head  Start.  It  would  be  unwise  to  attempt  an  evaluation  of 
such  programs  until  sufficient  time  has  elapsed  to  permit  their  effects  to 
be  tested  fully. 

The  following  discussion  has  two  parts.  First,  the  performance  of 
Negro  students  in  majority-Negro  schools  with  compensatory  programs 
is  assessed  and  compared  with  that  of  similarly  situated  Negro  stu- 
dents in  majority-Negro  schools  without  compensatory  programs.^'' 
Second,  Negro  students  in  majority-Negro  schools  with  compensatory 
programs  are  compared  with  similarly  situated  Negro  students  in 
majority- white  schools  without  compensatory  programs. 

Effects  of  Compensatory  Education  in  Majority -Negro 

Schools 

Three  compensatory  programs  operating  entirely  or  principally  in  ma- 
jority-Negro schools — the  Banneker  Project  in  St.  Louis,  Mo.,  the  Higher 
Horizons  Program  for  Underprivileged  Children  in  New  York  City,  and 
the  All  Day  Neighborhood  School  Program  in  New  York  City — were 
reviewed  by  the  Commission. 

The  Banneker  Project  in  St.  Louis  is  one  of  the  largest  compensatory 
projects  in  the  Nation.  Unlike  programs  in  most  other  cities,  for  many 
years  it  did  not  involve  the  expenditure  of  any  additional  funds.^^ 

The  project  began  in  the  1957-58  academic  year,  and  during  1965-66 
involved  23  majority-Negro  elementary  schools  which  enrolled  more 
than  14,000  students.^-  The  Banneker  District  is  populated  by  families 
with  a  very  low  average  family  income.  From  its  inception,  the  prin- 
cipal objective  of  the  project  has  been  to  improve  student  achievement 
by  raising  the  expectations  of  teachers,  the  motivation  of  students,  and 
the  aspirations  of  parents.  Meetings  of  teachers,  and  working  with 
parents  and  community  groups  have  been  emphasized.^^     These  tech- 


^°  Data  for  the  Banneker  program  did  not  permit  such  a  comparison.  Data  were 
not  available  about  the  socioeconomic  status  of  other  majority-Negroes. 

"  Conference  Before  the  United  States  Commission  on  Civil  Rights,  Williamsburg, 
Va.,  218  (February  1961).  Hereinafter  cited  as  Williamsburg  Conference.  In  a 
telephone  interview  with  Dr.  Samuel  Shepard,  director  of  the  program,  he  stated 
that  the  Banneker  schools  began  getting  Federal  funds  in  1964-65.  Staff  interview, 
Dec.  28,  1966.     Hereinafter  cited  as  Shepard  Interview. 

^"Shepard  Interview.     Enrollment  data  from  St.  Louis  Study,  A-5  (1966). 

^'Shepard,  Efforts  in  the  Banneker  District  To  Raise  the  Academic  Achievement 
of  Culturally  Disadvantaged  Children  (September  1965);  Williamsburg  Confer- 
ence, a.t  215,  217. 

120 


niques  have  been  supplemented  by  efforts  to  instill  a  sense  of  competition 
among  the  Banneker  schools." 

Examination  of  the  program's  impact  upon  student  performance  can 
be  carried  out  in  two  ways.  Although  each  has  limitations,  both  pro- 
vide some  indication  of  the  program's  effect.  First,  the  average  per- 
formance of  Banneker  schools  can  be  compared  to  national  norms  for 
student  performance.  When  the  program  started  in  1957-58,  the 
average  eighth-grade  reading  scores  in  Banneker  schools  were  about  a 
year  below  the  national  norms.  By  the  1960-61  school  year,  after  the 
program  had  been  in  existence  for  three  years.  Dr.  Samuel  Shepard,  the 
program's  director  and  superintendent  of  the  Banneker  School  District, 
reported  that  eighth-grade  reading  levels  at  the  Banneker  schools  had 
shown  a  noticeable  improvement.  They  were,  on  the  average,  only  one- 
half  year  below  the  national  average.^^  A  comparison  of  eighth-grade 
reading  test  scores  in  subsequent  school  years,  however,  shows  that  this 
gain  apparently  was  not  sustained.  In  1965-66,  eighth-grade  students, 
some  of  whom  had  been  in  the  program  for  seven  years,  were  tested. 
The  majority  of  Banneker  schools  then  were  a  year  or  more  below  the 
national  average.^*' 

It  also  is  possible  to  compare  the  academic  standing  of  the  Banneker 
schools  with  that  of  other  nearly  all-Negro  and  nearly  all-white  schools, 
between  1962-63  and  1965-66.  During  these  three  years  the  relative 
standing  of  most  Banneker  schools  did  not  improve.  In  1962-63  the 
reading  level  of  the  Banneker  schools  ranged  in  a  fairly  even  distribution ; 
slightly  more  than  half  the  schools  were  up  to  a  year  behind  grade  level, 
and  slightly  less  than  half  were  at  or  above  grade  level.  This  was  the 
same  range  as  that  of  other  nearly  all-Negro  schools.  In  that  year,  how- 
ever, only  a  few  nearly  all-white  schools  were  below  grade  level;  most 
were  at  or  above  grade  level. 

By  1 965-66,  none  of  the  Banneker  schools  was  at  or  above  grade  level 
and  most  of  them  were  about  a  year  below  grade.  This  again  was 
comparable  to  other  nearly  all-Negro  schools.  The  position  of  Banneker 
schools  relative  to  nearly  all-white  schools,  however,  was  slightly  lower.^' 


^*  Williamsburg  Conference,  at  214.  Principals  and  teachers  have  been  made 
aware  of  achievement  test  scores  for  each  school. 

''Id.  at  217-18. 

^°  In  1965-66,  nine  of  the  15  Banneker  schools  with  eighth  grades  had  scores 
ranging  between  7.1  and  7.5  (the  test  was  given  in  January;  national  norm  was  8.4— 
8.5).  Of  the  14  Banneker  schools  with  eighth  grades  in  1962-63,  8  scored  between 
8.1  and  9.0,  with  the  median  falling  at  about  8.5  (the  norm  that  year  was  8.8-8.9). 
{St.  Louis  Study,  A-5.) 

'^  Ibid.  The  chart  below  shows  the  distribution  of  scores  in  1962-63  and  1965-66. 
In  1962-63  tests  were  given  in  May  (national  norm  8.8-8.9,  in  1965-66  in  January 
(national  normal  8.4-8.5).     Data  for  years  prior  to  1962  were  not  available. 

Footnote  continued  on  following  page. 

121 


These  data  suggest  that  the  initial  gain  in  the  Banneker  schools  has 
not  been  sustained  relative  either  to  national  norms  or  other  schools  in  the 
system.  The  data,  however,  are  not  complete.  For  a  full  assessment  of 
the  program,  data  on  individual  students  in  various  schools  would  be 
needed.  In  addition,  school  officials  in  St.  Louis  believe  that  later  tests 
may  show  improved  results.^* 

Dr.  Shepard  has  expressed  enthusiasm  for  the  program,  stating  that  it 
has  contributed  to  the  motivation  of  children,  parents,  and  teachers.  At 
the  same  time,  he  has  suggested  that  the  program  would  afTord  much 
greater  benefits  if  it  were  conducted  in  desegregated  schools : 

Although  many  Negro  students  are  in  racially  isolated  schools, 
their  principals,  teachers,  and  parents  still  have  to  do  their  very  best 
to  help  them  learn.  But  there  is  no  question  that  this  effort  with 
Negro  students  in  integrated  schools  would  achieve  far  more.  I 
have  long  held  that  my  own  8-year-old  son  is  being  cheated  be- 
cause he  attends  a  segregated  school. ^^ 

The  Higher  Horizons  Program  in  New  York  has  been  termed  "the 
most  extensive  project  ever  undertaken  in  the  area  of  education  for  dis- 

Comparison  of  8th-grade  reading  test  scores  among  Banneker  schools,    other 
nearly  all- Negro  schools,  and  nearly  all-white  schools,  1962-63  and  1965-66 


Number  and 

Number  and 

percent  of 

percent  of 

Number  and 

Reading  level 

schools  10 

other  schools 

percent  of 

percent  or  less 

90  percent  or 

Banneker  schools 

Negro 

more  Negro 

1962-63: 

6.0-7.0 

0 
0 

0 
0 

0 

7.1-7.5 

0 

7.6-8.0 

0 

0 

3  (21.4) 

8.1-8.5 

3     (9.1) 

7  (35.  0) 

6  (42.8) 

8.6-9.0 

10  (30.  3) 

9  (45.  0) 

2  (14.3) 

9.1-9.5 

15  (45.  5) 

4  (20  0) 

3  (21.4) 

9.6-10.0 

5  (15.  2) 

0 

0 

1965-66: 

6.0-7.0 

0 

1     (3.1) 

0 

9  (36.  0) 

2  (13.3) 

7.1-7.5 

9  (60.  0) 

7.6-8.0 

5  (15.6) 

12  (48.  0) 

4  (26.  7) 

8.1-8.5 

14  (43.  8) 

4  (16.  0) 

0 

8.6-9.0 

10  (31.  3) 

0 

0 

9.1-9.5 

2     (6.  3) 

0 

0 

9.6-10.0 

0 

0 

0 

"Dr.  Shepard  gave  further  information  about  the  tests.  In  1964,  the  testing 
procedure  was  changed.  Children  were  tested  in  January  instead  of  May.  Instead 
of  being  tested  in  their  own  schools,  they  were  required  to  walk  (often  long  distances) 
to  a  high  school.  Dr.  Shepard  felt  that  being  tested  in  unfamiliar  surroundings  had 
a  negative  effect  and  accounts  for  the  drop  in  scores.  He  stated  that  eighth  grade 
IQ  gains  made  between  1957  and  1962  had  been  sustained  and  that  the  IQ  testing 
procedure  had  not  been  changed.  Fourth  grade  IQ  scores  for  1962  and  1964,  how- 
ever, showed  a  drop  similar  to  that  in  achievement  test  scores.  St.  Louis  Study, 
A— 5.  Dr.  Shepard  expects  the  achievement  test  scores  to  improve  this  year  because 
tests  will  again  be  administered  in  the  elementary  schools.  The  absence  of  control 
group  data  makes  a  final  assessment  of  the  program  impossible.  The  presence  of  other 
compensatory  programs  in  some  of  the  schools  in  recent  years  presents  another 
variable  for  which  controls  could  not  be  established.     Shepard  Interview. 

"  Staff  telephone  interview  Dr.  Samuel  Shepard,  Nov.  16,  1966. 


122 


advantaged  children."  "°  The  program  has  been  supported  by  both 
city  and  Federal  funds.  During  the  1962-63  school  year,  expenditures 
amounted  to  $3.8  milUon.^^  Much  of  the  pioneering  work  in  com- 
pensatory education  was  done  in  Higher  Horizons  and  the  program  has 
served  as  a  model  for  other  school  systems.-'  Higher  Horizons  sought 
to  raise  the  academic  performance  of  disadvantaged  students,  improve 
their  motivation,  and  broaden  their  cultural  horizons.^^ 

The  program  was  patterned  after  an  experimental  project,  the  Demon- 
stration Guidance  Project,  which  began  in  1956  at  a  Harlem  junior  high 
school  "*  in  which  a  majority  of  the  students  were  Negro  and  Puerto 
Rican.'^  The  project  served  about  700  seventh,  eighth,  and  ninth 
grade  students  who  showed  academic  potential. '"  Of  this  selected  group, 
329  continued  in  the  project  at  George  Washington  High  School,"'  a 
majority-white  academic  high  school."''  Per  pupil  expenditures  were 
increased  by  about  $80  per  year  at  the  junior  high  school  and  by  about 
$250  per  year  at  the  high  school."^  An  evaluation  of  the  program  found 
that  147  of  250  students  who  had  begun  the  project  in  seventh  grade 
gained  on  the  average  4.3  years  in  reading  achievement  after  2.6  years 
of  the  program  at  the  junior  high  school.^"     The  evaluation  also  found 

^''  Wrightstone,  Forlano,  Frankel,  Lewis,  Turner,  and  Bolger,  Evaluation  of  Higher 
Horizons  Programs  for  Underprivileged  Children,  32  (1964).  (Hereinafter  cited  as 
Higher  Horizons  Evaluation.) 

-^  Inventory  of  Compensatory  Education  Projects,  op.  cit.  supra  note  6.  Landers, 
Higher  Horizons  Progress  Report,  15  (January  1963). 

^^  See  Education  in  Depressed  Areas,  343  (Passow  ed.  1963).  "Perhaps  the  most 
widely  known  enrichment  program  is  the  higher  horizons  program  of  New  York  City, 
now  being  adapted  in  numerous  other  communities." 

See  also  U.S.  Office  of  Education,  A  Chance  for  a  Change,  22  (1966).  "Many 
school  officials  in  the  United  States,  in  implementing  Title  I  programs  .  .  .  are  taking 
what  they  consider  a  sure  course  to  success.  They  are  expanding  on  the  practices  of 
the  New  York  Higher  Horizons  Project,  the  Detroit  Great  Cities  Program,  and  their 
own  Head  Start." 

-'  Daniel  Schreiber,  coordinator,  Higher  Horizons  Program  has  said :  "We  seek  to 
raise  the  educational,  cultural,  and  vocational  sights  of  all  children,  especially  children 
from  the  less  privileged  groups.  .  .  .  Our  basic  approach  is  to  create  in  the  mind 
of  a  child  an  image  of  his  potential,  fortify  this  image  by  parent,  teacher,  and  com- 
munity attitudes."      Williamsburg  Conference,  at  224. 

"'  Landers,  op.  cit.  supra  note  21,  at  2-3. 

""Wrightstone,  Assessment  of  the  Demonstration  Guidance  Project,  at  15  (un- 
dated). 

"'^  Id.  at  31.  Seven  hundred  seventeen  children,  or  52.1  percent  of  the  total  school 
population,  entered  the  project  in  the  fall  of  1956.  Eventually  914  children  were 
in  experimental  classes  at  one  time  or  other. 

"^  Id.  at  87.  Three  hundred  twenty-nine  stayed  in  the  high  school.  Of  this  group, 
22  eventually  dropped  out  of  project  classes,  although  they  continued  to  receive 
project  services. 

'^ Id.  at   19.     The  high  school  was  25  percent  Negro;   10  percent  Puerto  Rican. 

-"Id.  at  117-118. 

^^  Id.  at  31,  69.  Assessment  was  made  of  the  group  that  had  been  in  seventh  grade 
in  the  fall  of  1956  and,  therefore,  that  had  two  and  one-half  years  of  project  services 
at  the  junior  high  school.  In  October  1956,  the  median  for  the  group  on  the  para- 
graph meaning  portion  of  the  Stanford  Reading  Test  was  1.4  years  below  grade  level. 
Eleven  percent  of  the  pupils  were  1  year  or  more  above  grade  level.  By  April  1959, 
the  median  for  this  group  was  0.3  years  above  grade  level.  Thirty-five  percent  were 
1  year  or  more  above  grade  level. 

123 


that  a  significantly  larger  proportion  of  the  329  students  in  the  high 
school  group  continued  their  education  beyond  high  school  than  was  the 
case  for  unselected  children  who  had  graduated  from  the  same  junior 
high  school  during  preproject  years. ^^ 

In  light  of  the  success  of  the  Demonstration  Guidance  Project,  Higher 
Horizons  was  initiated  in  1959.^"  It  differed  from  the  Demonstration 
Guidance  Project  in  two  important  respects. 

First,  Higher  Horizons  sought  to  reach  a  larger  group  of  children, 
not  limited  to  those  who  showed  academic  promise.  In  1959,  some 
12,000  children,  mostly  Negro  and  Puerto  Rican,  from  31  elementary 
and  13  junior  high  schools — most  of  which  were  predominantly  Negro 
— were  included.  By  1962,  the  program  included  64,000  children  from 
52  elementary  schools,  13  junior  high  schools,  and  2  senior  high  schools.^^ 

Second,  the  annual  per  pupil  expenditure  for  Higher  Horizons 
amounted  to  $50  to  $60  above  the  normal  city  allotment,  compared  to 
$80  to  $250  above  the  city  average  in  the  Demonstration  Guidance  Proj- 
ect.^* As  the  program  was  expanded,  attention  to  the  individual  needs 
of  children  became  less  feasible.  In  1959,  one  additional  teacher  or 
counselor  was  provided  for  every  108  children.  By  1962,  there  was 
one  additional  teacher  or  counselor  for  ever)'  143  children. ^^ 

Four  major  techniques  were  used  in  Higher  Horizons.  First,  teachers 
were  trained  and  encouraged  to  improve  both  their  expectations  of  the 
students  and  their  own  ability  to  teach  disadvantaged  children.  Second, 
counseling  and  guidance  services  were  extended  and  increased  in  an 
effort  to  raise  student  aspirations  and  to  provide  greater  opportunities 
for  employment  and  further  education.  Third,  an  effort  was  made  to 
broaden  the  cultural  backgrounds  and  horizons  of  students  through  visits 

^  Id.  at  89,  93-94.  Of  1,392  children  graduating  from  the  junior  high  school  be- 
tween 1954  and  1956,  9.3  percent  entered  some  sort  of  post  high  school  institution. 
This  compares  to  51.0  percent  of  the  project  children  who  attended  George  Wash 
ington  High  School,  and  22.2  percent  of  the  entire  junior  high  school  population, 
including  project  students,  during  the  project  years.  The  evaluation  states  that 
during  the  project  years  a  middle  income  housing  project  was  introduced  into  the 
area  and  more  opportunities  for  post  high  school  experiences  were  created  with  the 
expansion  of  junior  college  programs  in  the  area.  However,  the  evaluators  felt  that, 
despite  these  factors,  differences  between  the  achievement  of  preproject  and  project 
groups  were  large  enough  to  indicate  that  the  program  was  successful.  The  evalua- 
tion lacks  comparison  of  growth  at  the  junior  high  school  and  high  school.  Com- 
parable controls  groups  are  absent.  Therefore,  it  is  impossible  to  draw  definite 
conclusions  about  the  degree  of  success  of  the  program  or  the  relative  influence  of 
selectivity,  desegregation,  and  the  program  itself. 

'^  Landers,  op.  cit.  supra  note  21,  at  3. 

^  Id.  at  5.  The  average  elementary  school  was  16.8  percent  Puerto  Rican,  71.9 
percent  Negro,  and  11.3  percent  "other."  Of  the  13  junior  high  schools,  2  were 
predominantly  "other,"  9  were  predominantly  Negro,  1  was  70.3  percent  Puerto 
Rican,  and  26.4  percent  Negro,  and  1  was  46.8  percent  Puerto  Rican  and  48.7 
percent  Negro.     Higher  Horizons  Evaluation  at  8,  20. 

"  Schreiber  stated  that  the  per  pupil  expenditure  was  $50  in  1959-60.  Williams- 
burg Conference,  at  228.  Landers  states  the  per  pupil  expenditure  for  1962-63 
was  $61.     Landers,  op.  cit.  supra  note  21,  at  15. 

'^  Landers,  op.  cit.  supra  note  2 1 ,  at  5. 

124 


to  museums,  libraries,  colleges,  and  concerts.  Special  remedial  teachers 
were  provided  to  upgrade  reading,  writing,  and  arithmetic  skills.^*' 

Five  years  after  the  Higher  Horizons  Program  had  been  inaugurated. 
New  York  City  school  administrators  evaluated  the  program's  impact 
upon  the  performance  and  attitudes  of  students.  Students  in  schools 
with  Higher  Horizons  programs  were  compared  with  students  who  had 
suffered  a  similar  lag  in  achievement  but  who  continued  to  attend  schools 
without  compensatory  education  programs.  Academic  performance, 
classroom  behavior,  and  the  academic  motivation  and  attitudes  of  stu- 
dents toward  school  were  compared.  Evaluations  of  the  students  and 
of  the  compensatory  program  by  teachers  and  counselors  also  were 
examined.^' 

Prior  to  the  evaluation,  Jacob  Landers,  coordinator  of  the  program, 
had  commented  that: 

It  is  no  slight  matter  to  raise  the  level  of  reading  of  an  entire 
group  of  64,000  children  by  even  1  month.  Yet,  in  the  final  analy- 
sis, the  success  of  Higher  Horizons  and  similar  programs  must  be 
judged  largely  by  such  criteria.  ...  If  within  a  reasonable  period 
of  time,  the  level  of  academic  functioning  has  not  been  raised,  then 
our  effort  must  be  judged  largely  a  failure. ^^ 

Although  the  professional  staff  participating  in  the  program  expres.sed 
the  view  that  the  program  was  successful  in  the  area  of  expanding  cul- 
tural horizons  and  in  the  provision  of  additional  guidance  services,  the 
investigators  found  no  significant  difTerences  between  students  in  schools 
with  the  Higher  Horizons  Program  and  similarly  situated  students  in 
schools  withont  the  program.  These  two  groups  of  students  showed  no 
difference  in  academic  achievement.  In  three  school  years  both  groups 
had  gained  only  about  two  years  in  reading  achievement.^" 

Nor  did  the  pupils  in  the  Higher  Horizons  schools  report  different 
attitudes  toward  school  than  the  pupils  in  schools  without  Higher 
Horizons.  The  professional  staff  reported  that  the  program  had  little 
effect  upon  classroom  behavior,  study  habits,  and  the  educational  goals 
of  the  students."*"  According  to  the  findings  of  this  evaluation,  the 
Higher  Horizons  Program  did  not  fulfill  its  objectives. 

Some  educators  ascribed  part  of  the  difficulty  to  the  fact  that  the 
program  was  funded  and  staffed  inadequately.     While  most  teachers 


""Id.  at  11-13. 

"'  Higher  Horizons  Evaluation  at  231-32. 

^  Landers,  op.  cit.  supra  note  21,  at  9. 

"'  Third-grade  reading  comprehension  scores  for  the  experimental  group  averaged 
3.59  as  compared  to  3.54  for  the  control  group;  by  sixth-grade,  the  reading  scores  for 
the  experimental  group  averaged  5.51  as  compared  to  5.65  for  the  control.  IQ  scores 
at  the  sixth-grade  level,  after  3  years  of  Higher  Horizons,  were  93.47  for  the  ex- 
perimental group  and  93.95  for  the  control  group.  The  third-grade  scores  for  these 
children  had  been  94.07  for  the  experimental  group  and  94.21  for  the  control.  Thus, 
both  groups  showed  a  slight  decrease  in  IQ.     Higher  Horizons  Evaluation  at  55,  40. 

"/</.  at  234. 

125 


involved  in  the  program  felt  that  the  additional  services  had  been  helpful, 

the  evaluation  of  the  program  stated  that  these  services  still  had  not] 
been  adequate  and  attributed  the  greater  success  of  the  Demonstration 
Guidance  Project  in  part  to  this  factor.^^ 

Dr.  Elliott  Shapiro,  who  had  been  principal  of  a  Central  Harlem 
elementary  school  which  was  included  in  the  Higher  Horizons  Program, 
testified  at  the  Commission's  Rochester  hearing  that : 

[W]ith  that  limited  budget  .  .  .  pretty  soon  .  .  .  instead  of  an 
enriched  program,  [we  got]  changes  of  title  so  that  people  became 
Higher  Horizons  Reading  Improvement  Teachers.  And  as  we 
got  that  Higher  Horizons  Reading  Improvement  Teacher  ...  we 
also  lost  a  classroom  teacher  at  the  same  time.  .  .  .  As  a  result  of 
this  dilution,  maybe  there  were  some  few  changes  in  attitude  that 
occurred  that  are  hard  to  measure  or  evaluate,  but  there  was  really 
very  little  change  in  achievement.^" 

A  somewhat  different  approach  from  that  of  Higher  Horizons  was 
taken  in  New  York  City's  All  Day  Neighborhood  School  Program 
(ADNS).  The  ADNS  Program  focused  only  on  elementary  school 
children  and  included  eflforts  to  deal  with  the  effects  of  their  neighbor- 
hood environment.     It  was  described  as  a 

[CJomprehensive  program  operating  during  the  school  day,  after 
school  and  in  the  neighborhood.  It  not  only  takes  the  child  off  the 
slum  street,  it  provides  him  with  positive  school  experience  that 
makes  it  possible  for  him  to  accept  the  middle-class  teachers  and 
school  aims.^^ 

ADNS  involved  15  elementary  schools  located  in  economically  im- 
poverished neighborhoods  in  New  York  City.  Seven  of  the  schools 
were  majority-Negro;  four  were  predominantly  Puerto  Rican,  and 
Negroes  and  Puerto  Ricans  together  constituted  a  majority  in  four 
others."**  Seven  teachers  with  special  training  in  child  development  and 
home  and  school  relationships  were  assigned  to  each  school.  During 
the  school  day  they  assisted  regular  classroom  teachers  and  after  school 
they  conducted  a  program  which  included  activities  related  to  the 
school  work  done  that  day."*^  The  cost  of  the  program  was  about  $70,000 
per  school,  or  about  $60  per  pupil  in  excess  of  normal  expenditures.^" 


"/^.  at  i,  234,  242. 

*'  Rochester  Hearing  at  292-293. 

*-"'  Sexton,  Barenblatt,  Billig,  Hofmann,  Hopson,  Parker  and  Wells,  An  Assessment 
of  the  All-Day  Neighborhood  School  Program  for  Culturally  Deprived  Children,  at 
2  (1962-65). 

Id.  at  3  (number  and  location  of  schools).  For  racial  composition  see  Letter 
from  Mary  Thompson,  acting  director,  ADNS,  to  United  States  Commission  on  Civil 
Rights,  Nov.  17,  1966. 

"^  Sexton,  et  al.  op  cit.  supra  note  43,  at  3,  and  6-7. 

^^  Staff  telephone  interview  with  Mrs.  Adele  Franklin,  former  director  of  ADNS. 
November  1966.  Total  enrollment  figures  for  the  schools  were  obtained  from  the 
New  York  City  school  system. 

126 


In  1965,  the  program  was  evaluated  by  independent  researchers  from 
New  York  University.  Children  from  the  ADNS  schools  were  com- 
pared to  control-group  children  from  schools  without  compensatory  pro- 
grams. It  was  found  that  the  program  had  not  measurably  improved 
the  reading  levels,  IQ  scores,  or  academic  achievement  of  the  ADNS 
children.*'  These  students  also  were  compared  in  a  followup  evalua- 
tion of  their  performance  in  junior  high  school.  Again,  there  were  no 
significant  differences  between  students  who  had  been  in  the  ADNS 
Program  and  students  who  had  had  no  compensatory  education.** 

The  Commission  has  reviewed  evaluations  of  more  than  20  other 
compensatory  education  programs  in  large  cities.  These  evaluations, 
conducted  by  the  local  school  systems,  report  mixed  results.  Because 
the  data  often  were  incomplete  and  the  period  in  which  the  programs 
had  been  in  operation  often  was  too  short,  it  is  not  possible  to  draw 
absolute  conclusions  about  the  relative  success  or  failure  of  these  pro- 
grams. In  most  instances,  however,  the  data  did  not  show  significant 
gains  in  achievement.*^ 


^'Sexton,  op.  cit.  supra  note  43,  at  115. 

*^Id.   at    116-117. 

"  Few  evaluations  were  found  which  gave  sufficient  racial  and  control  group 
data.  Findings  of  four  of  the  more  detailed  evaluations  are  as  follows: 
In  Greenwich,  Conn.,  a  nearly  all-white  group  of  underachieving  seventh-graders 
was  given  a  special  reading  course.  At  the  end  of  a  year,  76  percent  of  the  ex- 
perimental and  23  percent  of  the  control  groups  gained  1-3  years  in  reading 
achievement.  Central  Junior  High  School,  Greenwich,  Conn.,  Individual  Develop- 
ment Program  (July  1964).  In  Oakland,  Calif.,  results  of  a  third  and  fourth  grade 
language  program  in  1962-63,  for  a  predominantly  Negro  group  of  children,  showed 
gains  in  reading  achievement  significant  at  the  .05  level  for  three  of  four  experimental 
groups  as  compared  to  controls.  Thirty-five  children  from  the  three  successful  groups 
were  studied  a  year  after  the  program  ended.  They  continued  to  be  ahead  of  the 
control  group.  The  difference  was  at  the  .01  level  of  significance.  The  program 
was  given  to  another  predominantly  Negro  group  in  1963-64.  At  the  end  of  the 
year,  experimental  children  had  gained  about  1.5  years  in  reading  achievement  as 
compare  to  1.0  year  for  controls.  Oakland  Public  Schools,  Report  of  Evaluations 
of  Third  and  Fourth  Grade  Language  Development  Program  (1964).  Eval- 
uations were  made  of  two  1-year  programs  for  Negro  and  Mexican- American  primary 
children  in  Fresno,  Calif.  Children  in  second  and  third  grade,  achieving  less  than 
expected,  gained  9  months  in  reading  as  compared  to  6  months  for  controls.  Experi- 
mental second-graders  achieved  1.4  years  as  compared  to  1.0  for  controls.  The 
second  program,  the  extended  day  reading  program  in  1964—65,  showed  no  significant 
gains  for  experimental  over  control  children.  Fresno  City  Unified  School  District, 
Statistical  Data  from  Pilot  Project  in  Compensatory  Education  (June  4,  1965). 
Another  factor  preventing  adequate  assessment  of  these  programs  is  the  Hawthorne 
effect.  Educators  caution  that  initial  gains  in  compensatory  programs  are  often  lost 
in  subsequent  years  after  the  novelty  of  the  program  has  been  lost.  Reissman,  The 
Culturally  Deprived  Child  at  103-05  (1962).  During  the  Boston  hearing,  Paul 
Kennedy,  director  of  Compensatory  Education  Services,  Boston  Public  Schools,  testi- 
fied that  Boston's  Operation  Counterpoise,  a  compensatory  program  carried  out  in 
schools  in  poor  areas,  had  produced  improvement  in  reading  achievement.  The 
program  was  begun  in  the  predominantly  Negro  Higginson  District  in  1963-64  and 
expanded  to  11  other  districts  by  1965—66.  Mr.  Kennedy  reported  overall  success  in 
the  12  target  districts  for  the  1965-66  school  year:  "The  1966  scores  were  higher 
than  the  1965  scores.   .   .   .   The  median  score  in  grade  1  in  April  was  2.2  and  in  April 

Footnote  continued  on  following  page. 

127 


Comparative  Effects  of  Cofnpensatory  Programs  and 
Desegregation 

The  Commission  also  reviewed  four  compensatory  programs  which 
allowed  comparison  of  the  performance  of  Negro  students  who  received 
the  benefits  of  the  program  in  majority-Negro  schools  with  that  of  simi- 
larly situated  Negro  students  attending  majority-white  schools  not  offering 
compensatory  programs.  The  four  programs  were  conducted  in 
Syracuse,  N.Y. ;  Berkeley,  Calif.;  Seatde,  Wash.;  and  Philadelphia,  Pa. 

The  Madison  Area  Project  was  begun  in  Syracuse  in  1962  in  response 
to  findings  by  educators  there  that  students  in  predominantly  Negro 
schools  had  serious  academic  problems.  This  project — modeled  in  part 
on  the  Higher  Horizons  Program — sought  to  raise  the  achievement  of 
Negro  students  and  improve  their  aspirations  and  motivation  to  learn. ^° 
To  accomplish  these  aims  the  project  provided  cultural  enrichment  pro- 
grams, special  classroom  groupings,  remedial  reading  and  special 
mathematical  programs,  summer  schools,  and  other  instructional 
improvements.^^ 

The  Madison  Area  Project  was  conducted  in  two  elementary  schools 
and  one  junior  high  school,  each  of  which  had  a  Negro  enrollment  ex- 
ceeding 80  percent.  Approximately  2,000  children  participated  in  the 
program  each  year.  It  lasted  nearly  three  years  and  cost  $207, 150  a  year, 
or  about  $100  more  per  pupil  than  the  normal  allotment  in  the  Syracuse 
schools  ^^ — about  twice  the  additional  expenditure  involved  in  the  Higher 
Horizons  Program. 

When  Syracuse  school  officials  evaluated  the  junior  high  school  seg- 
ment of  the  Madison  Area  Project,  they  found  results  similar  to  those 
in  the  Higher  Horizons  study.  The  relative  academic  standing  of  stu- 
dents in  the  Madison  Junior  High  School  and  students  in  other  junior 
high  schools  before  and  after  the  project  was  compared.  The  special 
cultural  and  educational  programs  aimed  at  raising  the  achievement  of 
Negro  students  had  had  no  apparent  eflfect.'"'^ 

In  hearings  recently  held  by  the  Commission,  representatives  of  the 
Syracuse  School  System  offered  their  conclusions  about  the  effectiveness 


1966  was  2.3,  which  is  a  growth  of  1  month;  grade  2  would  be  3.4  to  3.5  ..  .  grade 
3,  4.0  to  4.1  ..  .  grade  4,  3.7  to  3.8  ..  .  grade  6,  5.1  to  5.2."  Scores  for  the  Hig- 
ginson  District  (the  only  district  in  the  program  for  3  years)  did  not  improve,  however. 
Children  in  the  2nd  grade  in  1964  were  /a  a  year  above  the  national  norm;  by  1966, 
at  the  end  of  4th  grade,  they  were  /a  a  year  below  the  national  norm.  The  pattern 
was  similar  for  the  1966,  6th-grade  class,  which  was  1  year  behind  in  1966.  Boston 
Hearing  at  163-167. 

'"'Syracuse,  N.Y.,  City  School  District,  Laboratory  for  Change,  5   (1964). 

^Id.   at   9-21. 

"'Stout  and  Inger,  School  Desegregation:  Progress  in  Eight  Cities,  a  study  done 
for  the  U.S.  Commission  on  Civil  Rights  at  V-54  (October  1966) .  Hereinafter  cited 
as  Stout  Study. 

'^  Rochester  Hearing  at  445.  The  comparison  was  between  students  at  Madison 
and  students  at  other  junior  schools  which  were  majority-white. 


128 


I 


of    the    program.     Dr.    Franklyn    Barry,    superintendent    of    schools, 
described  the  purpose  and  impact  of  the  program : 

It  attempted  to  provide  a  whole  array  of  extra  services,  impact 
programs,  to  beef  up,  as  it  were,  education  in  this  area  ...  it 
tried  to  invent  some  new  things,  and  we  had  some  very  skilled 
people  ...  (to)  make  education  more  attractive  and  meaningful 
to  children.  ...  I  have  a  chart  which  shows  that  in  1964  .  .  . 
Madison  School  (students  were)  achieving  at  a  substantially  lower 
level  (than  students  at  other  schools).  In  fact,  there  was  some 
regression  over  the  period  in  terms  of  achievement  in  the  academic 
areas.^^ 

In  the  elementary  school  segment  of  the  Madison  Area  Project, 
remedial  and  cultural  enrichment  services  were  provided. ^^  The  Com- 
mission studied  the  academic  effect  of  this  program  upon  the  students  in- 
volved and  compared  their  performance  with  Negro  students  of  the  same 
social  class  attending  majority- white  Syracuse  elementary  schools.'^'^ 

Figure  1  shows  the  reading  scores  of  students  in  the  highest  category 
within  each  group  of  Negro  pupils  in  the  Commission  study.  It  shows 
the  level  at  grades  3,  4,  and  5.^'  The  level  was  the  same  for  both  groups 
in  the  third  grade — below  the  city  average.  By  the  fifth  grade  the  level 
of  the  students  receiving  compensatory  education  in  the  majority-Negro 
schools  had  fallen  about  one-quarter  of  a  grade  level  behind  the  Negro 
students  attending  majority-white  schools.  A  similar  pattern  was  found 
when  the  median  achievement  level  for  all  students  in  each  group  was 
compared.  ^^ 

A  study  conducted  by  the  Syracuse  Public  Schools  suggests  the  same 
conclusions.  Negro  students  participating  in  the  same  compensatory 
program  in  majority-Negro  elementary  schools  were  matched  with 
similarly  situated  Negro  children  bused  to  majority-white  schools  which 
had  no  compensatory  education  program.  The  Syracuse  study  found 
that  over  the  course  of  a  school  year,  the  bused  students  achieved  at  a 
rate  more  than  double  that  of  the  achievement  rate  of  the  students  in  the 
compensatory  program.  The  Syracuse  school  superintendent  discussed 
the  findings  at  the  Rochester  hearing : 

[T]he  24  children  who  were  bused  .  .  .  achieved  ...  a  total 
of  9.2  months'  progress  in  reading  (in  one  school  year)  while  their 
matched  counterparts  (in  the  predominantly  Negro  school)  .  .  . 
did  but  4  months.^^ 


'* /J.  at  444-45. 

°^  Laboratory  for  Change,  op",  cit.  supra  note  50,  at  9.     Croton  and  Irving  were  the 
elementary  schools  concerned. 
'"' App.  D-1,  Sec.  B,  at  247. 
"  Ibid. 
^  Ibid. 
^*  Rochester  Hearing  at  450. 

129 


Figure  1:   Highest  %  of  Students: 
Syracuse  MAP  Study  (Grades  3-5) 

key:  iM««i^CrTY-WIDE  MEDIAN 

CROTON  SCHOOL  (NEARLY  ALL-NEGRO  SCHOOL 

WITH  COMPENSATORY  EDUCATION) 

6    DESEGREGATED  SCHOOLS  (  MAJORITY- WHITE 

WITHOUT  COMPENSATORY  EDUCATION) 


GRADE  LEVEL 
EQUIVALENT 


6.0 


4.  0     - 


GRADE  level: 

SCHOOL  year: 


3.0 


1963 


1964 


1965 


Asked  if  he  thought  the  compensatory  programs  in  Syracuse  could 
succeed  in  predominantly  Negro  schools,  Barry  replied : 

[I]f  it  were  ultimately  to  be  ghetto  schools  with  the  best  of  com- 
pensatory education,  I  would  view  this  very,  very  dimly.  .  .  . 
Compensatory  services  to  upgrade  (Negro)  schools  ...  or  what- 
ever you  call  them,  no.'''° 

During  the  past  four  years,  the  Berkeley,  Calif.,  school  system  has  insti- 
tuted compensatory  programs  at  four  majority-Negro  schools.*'^  A 
wide  range  of  techniques  has  been  used,  including  the  reduction  of 
class  size,  employment  of  additional  special  staff,  improvement  of  teach- 

"^Id.   at  447. 

"*  Letter  from  Superintendent  Neil  V.  Sullivan,  Berkeley  Schools,  to  Bernard  Berkin, 
U.S.  Commission  on  Civil  Rights,  Nov.  17,  1966. 

130 


ing  materials,  tutoring,  community  involvement,  after-school  study  halls, 
preschool  programs,  flexible  class  grouping  methods,  new  teaching  tech- 
niques, and  intergroup  education  for  the  teaching  staff.  As  Berkeley 
Superintendent  Neil  Sullivan  has  said :  "You  name  it,  we've  tried  it  or 
are  trying  it."  *'- 

Although  the  Berkeley  School  System's  evaluation  of  these  programs 
to  date  is  not  complete,  achievement  test  scores  at  predominantly  Negro 
schools  with  compensatory  programs  reflect  no  improvement  in  the 
achievement  of  fifth-grade  students  over  a  three-year  period.  Fifth-grade 
students  in  1965,  after  four  years  of  compensatory  programs,  showed  no 
greater  achievement  than  1962  fifth-grade  students  in  the  same  schools. 
Neither  was  there  any  change  in  the  fifth-grade  reading  level  in  the  Negro 
schools  relative  to  the  fifth-grade  reading  level  at  predominantly  white 
schools  over  the  three  years. '^^ 

During  part  of  the  1965-66  school  year,  the  Berkeley  school  authorities, 
with  Federal  assistance,  bused  230  Negro  children  from  majority-Negro 
to  majority- white  schools.  Bused  children  in  the  third,  fourth,  and 
sixth  grades  were  tested  at  both  the  beginning  and  the  end  of  the  six- 
month  period  and  their  scores  compared  with  those  of  the  children  who 
remained  in  the  majority-Negro  schools  where  compensatory  education 
was  provided.  Although  the  program  has  not  been  in  effect  long  enough 
to  permit  a  complete  analysis,  test  scores  show  that  the  bused  children 
progressed  at  a  more  rapid  rate  than  the  children  who  remained  in  the 
majority-Negro  schools.*'* 

Berkeley  Superintendent  Sullivan  said  of  the  compensatory  educa- 
tion effort : 

Berkeley  has  had  4  years  of  experience  with  compensatory  edu- 
cation under  local.  State,  and  Federal  financing.  As  in  other 
cities,  high  hopes  have  reaped  an  insignificant  harvest.  .  .  .  Even 
where  a  token  number  of  "chosen  individuals"  are  "pulled  up" 
by  the  bootstraps,  or  "pulled  out  of  the  ghetto,"  the  mass  of  minor- 
ity children  remain  in  desperate  isolation,  unwelcome  and  destined 
to  the  self-fulfilling  prophecy  of  youthful  and  adult  failure.  .  .  S'^ 

The  relative  academic  benefits  of  compensatory  education  and  school 
desegregation  also  were  examined  in  a  study  conducted  by  the  Seattle 
Public  Schools.  To  reduce  class  size  at  two  majority-Negro  schools  in 
1965-66,  242  children,  most  of  whom  were  Negroes,  in  grades  1  through 
6  were  transferred  from  these  schools  to  four  nearly  all-white  schools. 
Children  remaining  in  the  majority-Negro  schools  received  the  benefits 
of  intensive  compensatory  education  and  reduced  class  size.  The 
transferred  group  attended  schools  with  larger  class  sizes  and  no  special 

"=  Ibid. 

°^  Ibid.  The  fifth  grade  scores  at  predominantly  white  schools  were  about  the  same 
in  1962  and  1965.  They  were  slightly  lower  at  the  predominantly  Negro  schools  in 
1965  than  in  1962. 

''  Ibid. 

•^  Ibid. 

131 


compensatory  programs.*^^  Seventeen  of  the  38  transferred  first-grade! 
students  were  compared  with  a  control  group  of  25  first  graders  who 
remained  at  the  majority-Negro  schools.  Each  group  was  tested  at! 
the  beginning  of  the  first  and  at  the  beginning  of  the  second  grade. 
Reading  test  scores  revealed  that  the  transferred  group  had  achieved 
slightly  more  during  the  year  than  had  the  group  receiving  compensatory 
education.*^'     The  evaluation  concluded : 

It  was  generally  believed  that  the  Transfer  Program  might  have 
a  deleterious  effect  on  the  achievement  level  of  the  pupils  who 
were  to  be  transferred.  .  .  .  The  results  in  previous  reports  .  .  . 
[and]  results  for  this  evaluation,  from  grade  1  to  grade 
2,  ...  do  not  support  this.  In  fact  these  results  .  .  .  indicate 
a  trend  .  .  .  that  the  Transfer  Program  had  effected  greater 
achievement  among  its  pupils  than  among  the  Control  Group. ®^ 

The  Commission  also  conducted  a  study  of  compensatory  education 
in  Philadelphia,  Pa.  Philadelphia's  Education  Improvement  Program 
(EIP)  has  been  described  as  "one  of  the  Nation's  first  extensive  plans 
specifically  designed  to  raise  the  achievement  level  of  educationally  disad- 
vantaged children."  ^^  It  was  introduced  in  1963  to  first-grade  students 
attending  predominantly  Negro  schools  in  impoverished  areas.  First- 
grade  achievement  levels  of  most  children  in  these  schools  were  some- 
what below  grade  level. ^°  Each  year  the  program  was  expanded  until 
by  1965,  30,000  students  from  first  grade  through  high  school  were 
participating.'^  The  program  was  estimated  to  involve  an  additional 
annual  per  pupil  expenditure  of  about  $35.^^ 

EIP  sought  to  improve  the  reading  achievement  and  enlarge  the  cul- 
tural horizons  and  aspirations  of  the  affected  students."  One  critical 
aspect  of  the  program  was  an  effort  to  improve  the  quality  of  instruction. 
According  to  a  Philadelphia  school  official,  teachers  in  EIP  schools  gen- 
erally are  as  able  as  the  average  teacher  in  the  system.^* 

•^  Planning  and  Research  Department,  Seattle  Public  Schools,  A  Study  of  the  Effects 
of  the  Seattle  Public  School  Involuntary  (Elementary  School)  Transfer  Program 
1965-66,  6-8  (June  1966).  See  also  Letter  from  Supt.  Forbes  Bottomly,  Seattle 
Public  Schools,  to  the  U.S.  Commission  on  Civil  Rights  (Nov.   10,  1966). 

"^  Moore,  The  Effects  of  the  Elementary  School  Transfer  Program  on  Achievement 
in  the  Second  Grade  (an  evaluation)  (Nov.  10,  1966). 

*»  Ibid. 

•"  Office  of  Intergroup  Education,  School  District  of  Philadelphia,  The  Progress 
of  Quality  Education  in  the  Public  Schools,  Particularly  as  Related  to  Recommenda- 
tions in  the  Report  of  the  Special  Committee  on  Nondiscrimination  at  1  (Sept.  22 
1965 ) .    Hereinafter  cited  as  Philadelphia  Progress  Report. 

"Id.  at  2. 

"/rf.  at  3. 

"  Staff  interview  with  Margaret  Ephraemson,  coordinator,  EIP,  Philadelphia  Public 
Schools,  Jan.  16,  1967.  Expenditures  were  reported  to  have  been  nearly  twice  as  great 
in  the  early  years  of  the  program. 

'''  Philadelphia  Progress  Report  at  2-3. 

"  Staff  telephone  interview  with  Margaret  Ephraemson,  coordinator,  EIP,  Phila- 
delphia Public  Schools,  Oct.  8,  1966.  EIP  teachers  were  reported  to  be  younger 
than  average,  more  responsive  to  the  children  and  better  equipped  to  handle  complex 
subject  matter. 

132 


To  evaluate  the  effectiveness  of  this  program,  the  Commission  used 
existing  test  data  and  compared  the  achievement  histories  of  three  groups 
of  Negro  children :  those  in  nearly  all-Negro  schools  participating  in  the 
program;  those  in  non-participating  nearly  all-Negro  schools;  and  those 
bused  to  non-participating  majority-white  schools."  The  Negro  chil- 
dren who  were  bused  to  the  majority-white  schools  were  of  the  same 
social  class  level  as  those  in  EIP  schools  which  were  nearly  all-Negro; 
the  students  in  the  nearly  all-Negro  non-participating  schools  were  of  a 
somewhat  higher  social  class  level/^ 

The  reading  achievement  levels  of  the  Negro  children  in  these  three 
groups  were  traced  over  a  two-year  period,  from  their  completion  of  the 
first  grade  to  their  completion  of  the  third  grade.  The  analysis  reviewed 
the  test  scores  of  the  students  in  each  group  for  the  year  before  they 
entered  the  program,  and  for  the  first  two  years  they  were  in  the  program. 
More  than  4,700  students,  in  40  schools,  were  included  in  the  study." 

The  analysis  disclosed  no  evidence  that  the  Educational  Improvement 
Program  raised  the  average  reading  achievement  in  EIP  schools.  The 
median  achievement  of  children  in  EIP  schools  continued  to  fall  con- 
sistently behind  that  of  children  in  the  other  two  sets  of  schools  and 
continued  to  be  lower  after  they  had  received  two  years  of  compensa- 
tory education.^* 

Figure  2  shows  the  reading  scores  of  children  in  the  lowest  achievement 
groups  in  both  EIP  schools  and  nearly  all-Negro  schools  without  EIP. 
The  reading  level  of  the  EIP  children  in  this  category  was  over  a  year 
behind  grade  level  at  the  end  of  the  first  year  and  at  the  end  of  the  third 
year.  The  gap  between  the  reading  level  of  the  non-EIP  children  in 
this  category  and  grade  level  was  nearly  as  great.  Their  reading  level, 
however,  was  slightly  higher  than  that  in  the  EIP  schools  at  the  first 
grade,  and  remained  so  at  the  end  of  the  third  grade. 

Figure  3  compares  the  reading  scores  of  the  highest  achieving  group 
of  students  in  the  two  types  of  nearly  all-Negro  schools.  The  level  of 
the  EIP  group  in  this  category  was  above  grade  level  in  grade  one  but 
about  one-quarter  of  a  grade  behind  that  of  the  non-EIP  group  in  the 
same  category.  Their  relative  position  was  unchanged  by  the  third 
grade.  Over  the  two-year  period  the  rate  of  progress  for  both  groups 
slowed,  though  it  remained  above  grade  level. 

Thus,  regardless  of  whether  the  EIP  students  began  school  with  high 
or  low  reading  ability,  the  program  did  not  close  the  gap  in  performance 

"^App.  £>-;,  Sec.  A,  at  243. 

'"Twelve  of  the  fifteen  EIP  schools  were  in  census  tracts  where  in  I960  median 
income  was  30  percent  or  more  below  the  city  median.  The  remaining  three  were 
in  tracts  11-30  percent  below  the  city  median;  of  the  10  nearly  all-Negro  non-EIP 
schools,  four  were  in  tracts  from  10  percent  below  to  10  percent  above  the  city  median ; 
one  was  1 1-30  percent  above  the  city  median.  U.S.  Bureau  of  the  Census,  Census 
Tracts,  Philadelphia,   1960. 

"  App.  D-1,  Sec.  A,  at  243,  251  (Table  7 ) . 

"/rf.,  at245. 

133 

243-637   O  -  67  -  10 


Figure  2:     Lowest  %  of  Students:  Philadelphia 
EIP  Study  (Grades  1-3) 

key:  ^Bi^^.  CITY-WIDE  MEDrAN 

,„„„„ NON-EIP  (NEARLY  ALL-NEGRO  SCHOOLS 

WITH  COMPENSATORY  EDUCATION) 

EIP    (NEARLY  ALL-NEGRO  SCHOOLS 

WITH  COMPENSATORY  EDUCATION) 


4.0 


GRADE  LEVEL 
EQUIVALENTS 


2.0 


1.5   - 


1.0 

grade  level  :  1 

grade-equivalent 

expectation:        2.0 
school  year:  1963 

test  date  :  6/64 


3.0 
1964 
6/65 


3.5 
T965 
T/66 


between  them  and  the  Negro  students  of  sHghtly  higher  social  class  in 
nearly  all-Negro  schools  without  the  compensatory  program. 

The  Commission  also  compared  the  performance  of  the  EIP  students 
and  the  students  in  nearly  all-Negro  non-EIP  schools  with  the  perform- 
ance of  the  Negro  students  bused  to  majority-white  non-EIP  schools. 
The  bused  children  were  of  the  same  social  class  level  as  the  Negro  stu- 
dents in  the  compensatory  program.  The  first-grade  reading  levels  of 
the  bused  students  also  were  identical  to  those  of  the  EIP  students  but 
below  those  of  the  Negro  students  in  the  nearly  all-Negro  non-EIP 
schools. 


134 


Figure  3:  Highest  %  of  Students  Philadelphia 
EIP  Study  (Grades  1-3) 

KEY:  ^^^^  CITY-WIDE  MEDIAN 

"•' EIP  (NEARLY  ALL-NEGRO  SCHOOLS 

WITH  COMPENSATORY  EDUCATION) 

NON-EIP  (NEARLY  ALL-NEGRO  SCHOOLS 

WITHOUT  COMPENSATORY  EDUCATION) 


GRADE  LEVEL 
EQUIVALENTS 


4.0 


GRADE  LEVEL 
GRADE  EQUIVALENT 

EXPECTATION 
SCHOOL  YEAR 
TEST  DATE 


2. 0     - 


1963 
6/'64 


1964 


1965 
1/66 


Figure  4  shows  that  by  the  third  grade  the  median  reading  level 
of  the  bused  students  had  surpassed  that  of  the  EIP  students,  and 
had  climbed  to  a  position  equal  to  that  of  the  students  of  slightly  higher 
social  class  in  the  nearly  all-Negro  schools  without  the  EIP  program. 

Figure  5  compares  the  reading  achievement  of  students  at  the  highest 
ability  level  in  all  three  types  of  schools.  It  shows  that  all  three  groups 
of  students  were  above  grade-level  at  the  first  grade.  The  levels  in  the 
EIP  and  majority-white  schools  were  about  the  same,  both  more  than 
one-quarter  of  a  year  behind  the  more  advantaged  students  in  majority- 
Negro  non-EIP  schools.  By  the  third  grade  Negro  students  in  the 
majority- white  schools  had  closed  the  gap  between  themselves  and  the 


135 


Figure  4-   Median  for  All  Students:  Philadelphia 
EIP  Study  (Grades  1-3) 


I  CITY-WIDE  MEDIAN 


■■•• EIP  (NEARLY  ALL-NEGRO  SCHOOLS 

WITH  COMPENSATORY  EDUCATION  ) 

NON-EIP    (    NEARLY    ALL- NEGRO  SCHOOLS 

WITHOUT  COMPENSATORY  EDUCATION  ) 

!i.5-s5»>!i  DESEGREGATED  (  MAJORITY    WHITE  SCHOOLS 
WITHOUT  COMPENSATORY   EDUCATION  ) 

GRADE  LEVEL 
EQUIVALENT 


GRADE  LEVELS: 
GRADE  EQUIVALENT 

EXPECTATION:  2.0 

SCHOOL  YEAR:  196 3 

TEST  DATE:  6/64 


3.0 
1964 
6/65 


3.5 
1965 


Negro  students  in  the  non-EIP  schools.  Yet  the  Negro  students  in  the 
EIP  schools  had  not  closed  that  gap,  and  were  still  behind  the  students 
in  the  non-EIP  schools.^^ 

The  Educational  Improvement  Program,  then,  did  not  improve  the 
general  levels  of  academic  achievement  for  Negro  students  in  nearly  all- 


'"  The  achievement  gains  for  bused  students  were  not  in  evidence,  however,  for 
children  with  the  most  severe  academic  disadvantage.  Dr.  Marvin  Cline,  who  con- 
ducted the  Commission  study,  concluded:  ".  .  .  neither  the  compensatory  program 
of  EIP  nor  simple  desegregation  is  adequate  to  stem  the  tide  of  academic  deterioration 
of  the  lowest  scoring  groups."     Id.  at  246. 


136 


Figure  5-  Highest  /4  of  students:  Philadelphia 
EIP  Study  (Grades  1-3) 


1  CITY-WIDE  MEDIAN 


EIP  (  NEARLY  ALL  -NEGRO  SCHOOLS 

WITH  COMPENSATORY  EDUCATION) 

NON-EIP  (  NEARLY  ALL-NEGRO  SCHOOLS 

WITHOUT  COMPENSATORY  EDUCATION  ) 

=«i«>^  DESEGREGATED  (MAJORITY  WHITE   SCHOOLS 
WITHOUT  COMPENSATORY  EDUCATION) 


4.0 


GRADE  LEVEL 
EQUIVALENTS 


GRADE  LEVEL: 
GRADE-EQUIVALENT 
EXPECTATION:       2.0 
SCHOOL  YEAR:      1963 
TEST  DATE  :        6/64 


3.0 
1964 
6/65 


3.5 
1965 
1/66 


Negro  schools.  This  failure  might  be  attributed  to  inadequate  funding 
or  to  other  weaknesses  in  the  program.  A  better  quality  of  education 
or  other  factors  may  account  in  part  for  the  gain  in  achievement  of  the 
Negro  students  bused  to  majority-white  schools.  But  the  goal  of  the 
EIP  program  was  "to  raise  the  achievement  level  of  educationally  dis- 
advantaged children."  ^°     By  this  standard,  it  did  not  succeed. 

^"Philadelphia  Progress  Report  at  1.  The  director  of  the  EIP  program  has  said 
that  she  feels  the  program  has  improved  student  performance,  ahhough  she  has  no 
data  to  support  her  belief.     Staff  interview  with  Margaret  Ephraemson,  Jan.  16,  1967. 


137 


In  the  above  review  of  compensatory  education  in  majority-Negro 
schools  the  programs  examined  were  among  the  most  prominent  and  in- 
cluded some  that  have  served  as  models  for  others.  A  principal  objective 
of  each  was  to  raise  the  academic  achievement  of  disadvantaged  children. 
Judged  by  this  standard  the  programs  did  not  show  evidence  of  much 
success. 

The  Commission's  analysis  does  not  suggest  that  compensatory  educa- 
tion is  incapable  of  remedying  the  effects  of  poverty  on  the  academic 
achievement  of  individual  children.  There  is  litde  question  that  school 
programs  involving  expenditures  for  cultural  enrichment,  better  teaching, 
and  other  needed  educational  services  can  be  helpful  to  disadvantaged 
children.  The  fact  remains,  however,  that  none  of  the  programs  appear 
to  have  raised  significantly  the  achievement  of  participating  pupils,  as  a 
group,  within  the  period  evaluated  by  the  Commission. 

One  possible  explanation  is  that  compensatory  programs  do  not  wholly 
compensate  for  the  depressing  effect  which  racial  and  social  class  isola- 
tion have  upon  the  aspirations  and  self-esteem  of  Negro  students — factors 
which,  as  Chapter  3  indicates,  have  an  important  influence  upon 
academic  success. 

Recognizing  the  link  between  a  student's  achievement  and  his  aspira- 
tions, motivation,  and  self-esteem,  administrators  of  compensatory  pro- 
grams have  attempted  to  raise  the  achievement  of  disadvantaged  children 
by  lifting  their  aspirations  and  their  motivation  to  learn  through  "ego 
development"  programs  which  may  involve  such  measures  as  encourage- 
ment of  self-expression  and  the  study  of  Negro  history. ^^ 

Yet  the  evidence  reviewed  here  suggests  that  efforts  to  improve  a  child's 
self-esteem  cannot  be  wholly  productive  in  a  student  environment  which 
seems  to  deny  his  worth.  Testimony  heard  by  the  Commission  that 
majority-Negro  schools  were  stigmatized  and  regarded  as  inferior  in- 
cluded schools  which  had  compensatory  programs.  Indeed,  in  one  com- 
munity the  Commission  was  told  that  the  contrasts  afforded  by 
inter-school  trips  between  white  and  Negro  students  under  compensatory 
programs  heightened  the  sense  of  inferiority  felt  by  the  Negro  students.®" 
In  another  community,  a  Negro  teacher  was  asked  whether  she  thought 
that  putting  a  compensatory  program  in  a  predominantly  Negro  school 
tends  to  increase  the  stigma  attached  to  such  a  school.  The  witness 
replied : 


"  One  of  the  objectives  of  a  creative  arts  center  which  is  part  of  San  Francisco's 
compensatory  program  is  "positive  development  of  the  self-concept."  San  Francisco 
Unified  School  District,  Evaluation  Report,  Proposal  Number  38-010  76  (Sept.  1, 
1966).  In  Philadelphia  compensatory  programs,  devices  such  as  displays  empha- 
sizing the  contribution  of  Negroes  to  American  life  and  displays  of  student  art  work 
are  used  to  "raise  aspirational  levels  beyond  those  held  by  the  child's  immediate  social 
environment."  School  Community  Coordinating  Team  of  the  Philadelphia  Pubhc 
Schools,  The  Great  Cities  School  Improvement  Program,  a  Progress  Report,  1960- 
6^  at  45-56  (1965). 

*"  See  ch.  Ill,  note  99,  supra. 

138 


I  think  it  does  to  the  outside  community  because  what  they  ask 
is,  you  know,  why  are  they  spending  all  this  money  in  these  schools. 
Those  children  must  not  know  very  much,  so  they  have  to  put  this 
H'oney  in.*^ 

Thus,  the  compensatory  programs  reviewed  here  appear  to  suffer 
from  the  defect  inherent  in  attempting  to  solve  problems  stemming  in 
part  from  racial  and  social  class  isolation  in  schools  which  themselves 
are  isolated  by  race  and  social  class. 

It  is  too  early  to  conclude  whether  more  recently  instituted  programs 
such  as  the  preschool  projects  funded  as  part  of  Head  Start  will  yield 
different  results.  Tentative  analyses  of  these  programs  have  suggested 
that  they  have  been  initially  successful  but  that  much  of  the  benefit  has 
been  lost  when  children  have  entered  the  regular  grades  of  the  public 
school  system.^' 

Preschool  programs  deal  with  children  who  have  no  prior  school  ex- 
perience, and  children  in  these  programs  are  approached  at  an  age  when 
they  are  more  apt  to  be  influenced  by  adults  than  by  other  children.  In 
addition,  preschool  programs  often  have  advantages  which  schools  ordi- 
narily cannot  offer.  Pupil-teacher  ratios  are  much  lower  than  in  most 
schools  and  the  programs  often  are  able  to  recruit  highly  skilled  teachers. 
Children  in  preschool  programs  are  offered  a  variety  of  services,  including 
those  which  deal  with  their  medical  and  nutritional  problems.  Parents 
frequently  are  deeply  involved  in  the  programs,  which,  like  many  other 
new  ventures,  often  are  conducted  with  greater  enthusiasm  than  is 
characteristic  of  more  established  schools.*^ 

Aher  assessing  the  initial  success  of  preschool  programs,  however,  some 
authorities,  such  as  Sargent  Shriver,  Director  of  the  Office  of  Economic 
Opportunity,  and  Harold  Howe  II,  U.S.  Commissioner  of  Education, 
have  concluded  that  the  positive  effects  of  preschool  education  are 
lost  when   the   children   begin   the   elementary   grades.     Accordingly, 


^Rochester  Hearing  at  83.  See  also  Rivlin,  Teacher  Education,  vol.  XVI, 
No.  2,  183  (June  1965):  "Once  the  city  schools  give  parents  the  impression 
that  the  schools  are  concerned  solely  with  compensatory  education,  middle-class 
parents — white,  Negro,  Puerto  Rican,  and  Mexican — who  have  educational  ambi- 
tions for  their  children  will  continue,  and  possibly  even  accentuate,  the  present  trend 
of  withdrawing  their  children  from  the  city's  public  schools  and  either  enrolling  them 
in  private  schools  or  moving  to  the  suburbs." 

**  See,  for  example:  Education:  An  Answer  to  Poverty,  op.  cit.  supra,  note  2  at 
21;  Wolff  and  Stein,  Six  Months  Later,  141-61,  Study  I  (Aug.  18,  1966);  Wolff 
and  Stein,  Long-Range  Effect  of  Preschooling  on  Reading  Achievement,  OEO 
project  141-61,  Study  III;  Gordon,  Remarks  on  the  Max  Wolff  Report  (un- 
dated). Evaluations  of  preschool  programs  in  Fresno,  Calif.,  and  Racine,  Wis., 
reported  similar  results.  Significant  test  gains  were  reported  for  project  chil- 
dren; however,  these  gains  were  lost  shortly  after  the  children  entered  the  normal 
school  program.  Fresno  City  Unified  School  District,  Statistical  Data  From  Pilot 
Project  in  Compensatory  Education  (June  4,  1965)  ;  Unified  School  District  No.  1, 
Racine,  Wis.,  Final  Report,  A  Pilot  Project  for  Culturally  Deprived  Kindergarten 
Children  (undated). 

""Education:  An  Answer  to  Poverty,  op.  cit.  supra,  note  2  at  20-34.  A  general 
description  of  the  content  of  the  programs  is  given. 

139 


they  have  called  for  major  new  programs  aimed  at  reducing  pupil-teacher 
ratios  in  regular  schools  by  more  than  half.^^  Such  a  step,  of  course, 
would  involve  major  expense.  One  authority  has  estimated  that  the 
cost  of  reducing  the  pupil-teacher  ratio  from  25-1  to  15-1  would  be 
about  $340  per  pupil — an  increase  in  per-pupil  expenditure  of  approxi- 
mately two-thirds  in  the  average  school.^'  While  programs  of  such 
magnitude  undoubtedly  would  result  in  improved  performance  for  many 
students,  whether  they  would  be  sufficient  to  overcome  the  effects  of  racial 
and  social  class  isolation  is  speculative. 

Short  of  such  steps,  the  evidence  reviewed  here  strongly  suggests  that 
compensatory  programs  are  not  likely  to  succeed  in  racially  and  socially 
isolated  school  environments. 


School  Desegregation 

This  portion  of  the  chapter  examines  particular  techniques  employed 
by  school  systems  to  desegregate  their  schools.  It  also  assesses  efforts  to 
combine  school  desegregation  with  measures  to  improve  the  quality  of 
education. 

School  Desegregation:  Extent  and  Techniques 

The  effectiveness  of  a  particular  school  desegregation  technique  de- 
pends in  part  upon  the  characteristics  of  the  city  involved.  One  im- 
portant factor  is  the  proportion  of  the  school  population  which  is  Negro. 
The  greater  the  proportion,  the  more  extensive  the  changes  which  may  be 
necessary  to  accomplish  desegregation.     A  second  is  the  size  of  the  city. 

Most  small  cities  have  relatively  small  Negro  populations.  In  addi- 
tion, small  cities  generally  have  relatively  small  areas  of  high-density 
Negro  population.  Thus,  desegregation  may  not  require  as  substantial 
an  adjustment  in  the  distances  which  students  must  travel  to  school  as 
may  be  required  to  accomplish  desegregation  of  students  in  a  larger  city. 
For  these  reasons,  it  may  be  easier  in  smaller  cities  to  achieve  deseg- 
regation by  devices  such  as  strategic  site  selection,  redistricting,  or  the 
enlargement  of  attendance  areas. 


^  U.S.  Commissioner  of  Education  Harold  Howe  has  called  for  per-pupil  expendi- 
tures of  about  $1,200  and  reduction  of  class  size  to  about  15.  Howe  stated  that  pre- 
school programs  could  do  more  harm  than  good  unless  they  are  followed  up  in  the 
elementary  schools.  Washington  Post,  Dec.  7,  1966.  Sargent  Shriver,  Director 
of  the  Office  of  Economic  Opportunity,  expressed  support  for  Howe's  statements. 
Letter  to  the  editor,  New  York  Times,  Dec.  16,  1966. 

"  Moynihan,  The  Crisis  of  Confidence,  statement  presented  to  the  Subcommittee 
on  Executive  Reorganization  of  the  U.S.  Senate  Committee  on  Government  Opera- 
tions at  10  (Dec.  13,  1966).  Moynihan  states  that  the  current  pupil-teacher  ratio  in 
public  schools  is  24.6  to  1.  The  current  per-pupil  expenditure  in  average  daily 
attendance  is  $532. 

140 


Small  Cities  and  Suburbs 

A  number  of  small  Northern  and  Western  communities  have  desegre- 
gated their  schools  successfully.  In  some,  desegregation  has  been  limited 
to  particular  grade  divisions.  In  others,  desegregation  of  all  grades  has 
been  achieved.  Smaller  communities  have  used  a  variety  of  techniques 
to  accomplish  desegregation,  but  a  common  element  is  the  enlargement  of 
attendance  areas  to  overcome  the  obstacle  of  residential  segregation. 
Among  these  devices  are  "pairing,"  the  establishment  of  "central"  schools, 
and  the  closing  of  a  majority-Negro  school  and  dispersal  of  its  students 
among  other  schools  in  the  community. 

Pairing 

Pairing  involves  merging  the  attendance  areas  of  two  or  more  schools 
serving  the  same  grades  to  achieve  better  racial  balance.  As  Illustration 
1  shows,  children  in  particular  grades  are  assigned  to  one  school  and  those 
in  the  remaining  grades  are  assigned  to  the  other  school. 


Illustration  1.  Pairing 


BEFORE 

MOSTLY 
NEGRO 

X 

\ 
X 

MOSTLY 
WHITE 

X 

GRADES 
K-6 

GRADES 
K-6 

DESEG. 


DESEG. 


y 


BEFORE  PAIRING,  STUDENTS  ENROLL  ACCORDING 
TO  EACH  SCHOOL'S  ATTENDANCE  AREA.  AFTER 
PAIRING,  STUDENTS  OF  BOTH  ATTENDANCE 
AREAS  ENROLL  IN  THE  TWO  SCHOOLS  ACCORDING 
TO  GRADE. 


141 


School  pairing  was  introduced  in  1948  in  Princeton,  N.J.,  a  com- 
munity which  had  been  served  by  two  elementary  schools,  one  nearly  all- 
white  and  the  other  Negro.  The  school  system  merged  the  attendance 
areas  of  the  two  schools  and  assigned  all  students  in  grades  K-5  to  one 
school  and  all  students  in  the  remaining  grades,  grades  6-8,  to  the  other. 
As  a  result  of  the  pairing,  each  of  Princeton's  elementary  schools  became 
majority-white.*^ 

Greenburgh  No.  8  is  a  school  district  in  a  small  New  York  suburban 
community.  The  district  has  a  population  of  approximately  17,000  and 
a  school  enrollment  37  percent  Negro.  In  1947,  four  years  before  it 
desegregated,  Greenburgh  No.  8  had  three  elementary  schools,  which 
were  25  percent,  60  percent,  and  97  percent  Negro.  The  school  board 
recommended  busing  students  from  the  overcrowded  majority-white 
school  to  the  under-utilized  majority-Negro  schools.  Members  of  the 
community  objected  and  asked  that  alternatives  be  submitted  to  14  civic 
organizations.  One  of  the  alternatives  was  pairing,  which  was  ac- 
cepted by  13  of  the  14  organizations.  The  district's  three  elementary 
schools  were  paired  by  establishing  one  as  a  K-3  school,  the  second  as 
a  4-6  school,  and  the  third  as  a  7-9  school.  After  pairing,  each  of  the 
schools  opened  with  enrollments  approximately  38  percent  Negro.^'^ 

The  small  town  of  Coatesville,  Pa.,  also  desegregated  its  elementary 
schools  through  the  device  of  pairing.  Of  the  city's  four  elementary 
schools,  one  was  nearly  all-Negro  and  another  was  98  percent  white.  In 
1962,  these  two  schools  were  paired.  One  of  the  schools  became  a  K-3 
school  and  the  other  a  4-6  school.  As  a  result  of  the  pairing  both 
schools  became  approximately  40  percent  Negro.°° 

Central  Schools 

The  Princeton  and  Greenburgh  examples  show  that  in  very  small 
communities  pairing  may  result  in  the  establishment  of  central  schools 
whereby  one  school  building  becomes  a  central  facility  for  several  grades 
servicing  the  entire  school  district.  In  communities  which  have  a  larger 
number  of  schools,  central  schools  also  can  be  established  by  making  the 
whole  district  a  single  attendance  zone  for  all  students  in  one  or  two 
grades.  In  this  way,  the  grades  served  by  the  central  school  are  fully 
desegregated  and  resegregation  that  might  otherwise  occur  through 
shifts  in  racial  residential  patterns  within  the  community  is  precluded. 

In  Englewood,  N.J.,  a  residential  suburb  of  New  York  City,  the  five 
elementary  schools  were  highly  segregated  before  1963.  Two  of  the 
schools  were  majority-Negro  and  the  remaining  three  nearly  all-white.^^ 
In  1964,  the  board  assigned  all  sixth-grade  students  to  a  single  school  and 


^Street,  Princeton's  Lesson:  School  Integration  Is  Not  Enough,  New  York  Times, 
June  21,  1964  (magazine). 

""  Stout  Study  at  II-3-4;  22 ;  7-8 ;  22-23. 

""  Id.  at  IV-8;  racial  composition  at  IV- 10-1 2. 

"^  Id.  at  VIII-95  . 

142 


changed  each  of  the  remaining  schools  from  K-6  to  K-5  schools.  As 
a  result,  one  school  (K-5)  remained  majority-Negro.  In  1966,  the 
board  expanded  its  central  school  plan  by  adding  a  second  central  school. 
Both  central  schools  now  teach  the  fifth  and  sixth  grades.  The  remain- 
ing schools  became  K-4  schools.  As  a  result,  the  majority-Negro  K-5 
school  became  a  majority-white  central  school.  One  of  the  remaining 
K-4  majority-white  neighborhood  schools,  however,  became  majority- 
Negro  in  the  interim."'  Because  the  attendance  areas  of  the  K^  schools 
were  enlarged,  a  greater  number  of  students  in  grades  K-4  lived  more 
than  a  mile  from  school  and  had  to  be  transported.  The  school  sys- 
tem augmented  its  annual  budget  by  $24,000  to  meet  the  increased 
transportation  expense."^ 

A  similar  plan  for  the  three  junior  high  schools  in  Berkeley,  Calif., 
was  implemented  in  1964.  Berkeley  is  a  city  which  has  a  population 
of  about  120,000.  In  1963,  it  had  a  39  percent  Negro  enrollment  in 
its  junior  high  schools.  One  of  the  junior  high  schools  was  majority- 
Negro.®*  In  1964,  this  school  was  converted  into  a  citywide  ninth  grade 
school,  and  the  attendance  areas  of  the  two  other  junior  highs  ( now  serv- 
ing grades  7  and  8)  were  expanded.  As  a  result,  in  1965,  all  junior 
high  schools  were  38  to  47  percent  Negro.®^ 

Teaneck,  N.J.,  a  suburb  of  New  York  City,  also  desegregated  its  ele- 
mentary schools  by  establishing  central  schools.  Prior  to  1964,  six  of 
Teaneck's  eight  elementary  schools  were  all  white;  one  (Washington 
Irving)  was  39  percent  Negro,  and  another  (Bryant)  was  majority- 
Negro.  In  1964,  the  Teaneck  School  Board  voted  to  convert  Bryant 
into  a  central  sixth-grade  school  serving  all  children  in  the  city.  Bryant 
students  in  grades  1  to  5  were  assigned  to  the  six  previously  all-white 
schools.  The  board  also  expanded  the  attendance  area  of  the  Washing- 
ton Irving  School  to  include  more  white  children.®"  The  major  ex- 
penditure in  the  Teaneck  plan  has  been  for  transportation.  During  the 
1966-67  school  year,  11  buses  are  being  used  to  transport  the  school 
children.®^ 

School  Closing 

Another  means  of  desegregating  schools  by  enlarging  attendance  areas 
is  the  closing  of  a  particular  school  and  the  dispersal  of  its  students  among 

^'^  Id.  at  VIII-63,  68-70;  racial  composition  for  1966  from  interview  with  Superin- 
endent  Shedd,  Englewood,  Jan.  4,  1967.  The  Cleveland  school  is  now  52  percent 
Negro. 

"^Id.   at  VIII-85. 

"/rf.  atVII-7;  166. 

°^  Id.  at  VII-99 ;  166.  In  1963,  prior  to  desegregation,  the  three  junior  high  schools 
in  Berkeley  were:  Burbank,  76.0  percent  Negro;  Garfield,  4.8  percent  Negro;  Willard, 
45.5  percent  Negro.  In  1965,  after  desegregation,  the  three  schools  were:  West 
Campus  (formerly  Burbank),  39.5  percent  Negro;  Garfield,  38.4  percent  Negro; 
Willard,  47.4  percent  Negro. 

"Vrf.  atVI-29-30;  39;  20-23. 

"7rf.  atVI-37-38. 

143 


the  remaining  schools.  This  is  shown  in  Illustration  2.  Desegregation  ol 
the  Syracuse,  N.Y.,  junior  high  schools  was  accomplished  in  this  way. 
Syracuse  is  a  medium-sized  city  which  in  1960  had  a  population  of  about 
2 16,000.  Fifteen  percent  of  its  junior  high  school  enrollment  was  Negro 
in  1965.  Of  the  city's  12  junior  high  schools,  1 1  had  racial  compositions 
ranging  from  69  to  100  percent  white  in  the  fall  of  1964.  The  12th— 
Madison  Junior  High — was  77  percent  Negro.  In  1965,  Madison  was 
closed  and  its  approximately  345  students  were  bused  to  other  junior 
high  schools.  As  a  result,  in  1965,  none  of  the  Syracuse  junior  high 
schools  had  a  Negro  enrollment  greater  than  34  percent.®^ 

Illustration  2.  School  Closing 


BEFORE 

WHITE 

WHITE 

WHITE 

GRADES 

7-9 

GRADES 
7-9 

GRADES 
7-9 

WHITE 

MOSTLY 
NEGRO 

WHITE 

GRADES 
7-9 

GRADES 
7-9 

GRADES 
7-9 

AFTER 

DESEG. 

DESEG. 

DESEG. 

GRADES 
7-9 

GRADES 
7-9 

GRADES 
7-9 

DESEG. 

\ 

CLOSED 

^ 

DESEG. 

^ 

GRADES 
7-9 

V 

GRADES 

7-9 

^ 

^         \ 

THE  PREDOMINANTLY  NEGRO  JUNIOR  HIGH  SCHOOL  IS 
CLOSED  AND  THE  STUDENTS  ARE  BUSED  TO 
OTHER  SCHOOLS. 


In  White  Plains,  N.Y. — a  city  of  about  50,000  people — school  officials 
have  used  a  number  of  devices  to  desegregate  the  schools.  During  the 
1957-58  school  year  when  the  board  was  considering  replacement  of  the 
city's  one  overcrowded  high  school,  it  rejected  a  proposal  to  build  two 
high  schools  for  fear  they  would  become  racially  imbalanced.     Instead, 

"'/d.  atV-109;69-70;  19;  21. 


144 


in  1959,  the  old  school  was  replaced  with  one  new  high  school,  which 
in  1965  was  14  percent  Negro.  The  city's  three  junior  high  schools 
were  desegregated  in  1960  by  adjusting  the  boundaries  of  their  at- 
tendance areas.''^ 

Desegregation  of  the  elementary  schools  in  White  Plains  presented  a 
somewhat  more  difficult  problem.  One  of  the  elementary  schools  in  the 
city,  Rochambeau,  was  majority-Negro.  In  1960,  the  school  board  at- 
tempted to  reduce  racial  imbalance  at  the  Rochambeau  school  by 
changing  its  attendance  area,  estimating  that  with  the  new  boundaries, 
the  school  would  open  majority- white.  Racial  changes  in  the  neighbor- 
hood, however,  nullified  the  school  administration's  effort,  and  Rocham- 
beau opened  majority-Negro.  In  1964,  although  White  Plains  already 
had  a  high  per-pupil  expenditure  and  there  was  opposition  in  the  com- 
munity based  in  part  on  fear  of  increased  costs,  the  Rochambeau  school 
was  closed  and  its  students  assigned — most  transported — to  each  of  the 
remaining  10  elementary  schools.  Before  the  closing  of  Rochambeau, 
one  of  the  elementary  schools  had  been  100  percent  white  and  five  had 
been  90  to  99  percent  white.  As  of  April  1966,  all  10  elementary 
schools  in  White  Plains  ranged  from  15  percent  to  30  percent  Negro."" 

Thus  there  have  been  several  examples  of  successful  school  desegrega- 
tion in  smaller  communities."^  A  variety  of  devices  has  been  used,  in- 
dividually or  in  combination,  but  in  each  case  a  major  element  has  been 
the  enlargement  of  the  attendance  areas  and  a  return  to  the  older  concept 
of  the  community  school,  where  a  more  representative  cross  section  of  a 
city's  children  attended  school  together. 

In  the  cases  studied  by  the  Commission,  desegregation  of  the  schools 
generally  has  been  regarded  by  the  communities  involved  as  successful. 
Educators  in  these  communities  have  expressed  the  view  that  the  de- 
segregation plans  on  the  whole  have  been  implemented  successfully, 
although  the  Commission's  study  reveals  that  much  remains  to  be  done 
before  racial  isolation  in  the  schools  is  completely  eliminated.""  In  most 
cases — even  where  there  was  initial  opposition — desegregation  has  won 
acceptance  from  parents  and  civic  groups.  In  those  cases  where  infor- 
mation is  available,  the  Commission  has  found  no  evidence  that  white 
parents  have  withdrawn  their  children  from  the  public  schools  in  any 

^  Id.  at  1-4;  racial  oomposition  of  schools  (/<f.  at  1-16) .  The  old  high  school  was 
converted  to  a  junior  high  and  one  all-white  junior  high  school  converted  to  an 
elementary  school  before  rezoning. 

^'^  Id.  at  1-4-5;  7-8;  12-  racial  composition  of  schools  {Id.  at  1-34).  See  also 
White  Plains  Public  Schools,  The  White  Plains  Racial  Balance  Plan  (May  9,  1965). 

^"^  Other  communities  which  successfully  desegregated  include  Riverside,  Calif., 
and  Morristown,  N.J.  See  Duster,  Violence  and  Civic  Responsibility,  a  special  report 
prepared  for  the  OE  Survey  (March  1966).  See  also  Desegregation,  Ten  Blue- 
prints for  Action,  School  Management  97-98  (October  1966)  ;  "What  Morristown, 
N.J.  Is  Doing  About  Desegregation,"  School  Management  (March  1964). 

"'In  Berkeley,  White  Plains,  and  Greenburgh  homogeneous  ability  grouping  re- 
mains a  problem  at  the  high  school  level.  In  Syracuse  and  Berkeley  desegregation  has 
not  reached  all  elementary  grades.     Stout  Study,  IX-18. 

145 


significant  numbers/"^    In  most  cases,  opposition  has  subsided  and  there 
is  general  community  support  for  desegregation.^^* 

Larger  Cities 

The  success  that  some  small  cities  have  experienced  in  desegregating 
their  schools  has  not  been  matched  in  the  Nation's  larger  cities  where  the 
obstacles  to  desegregation  are  greater.  In  a  large  city,  depending  on  the 
particular  pattern  of  residential  segregation,  both  Negro  and  white 
population  areas  may  be  more  extensive  in  territory.  For  example, 
San  Francisco  has  relatively  small  Negro  areas  spread  throughout  the 
city  while  Cleveland's  Negro  population  is  concentrated  heavily  in  a 
large  ghetto  on  one  side  of  the  city.  In  a  city  such  as  Cleveland,  then, 
the  bulk  of  the  Negro  population  lives  relatively  farther  away  from  the 
bulk  of  the  white  population.  In  addition,  there  have  been  frequent 
shifts  in  the  racial  character  of  neighborhoods  in  large  cities.  For  these 
reasons,  it  may  be  more  difficult  to  achieve  school  desegregation  through 
strategic  selection  of  school  sites,  adjustments  in  attendance  area  bound- 
aries, or  devices  which  involve  enlargement  of  attendance  areas. 

Beyond  this,  the  rising  Negro  population  in  larger  cities  makes  school 
desegregation  more  difficult  simply  because  Negroes  tend  to  constitute 
a  greater  proportion  of  the  student  enrollment  than  they  do  in  small 
cities.  This  is  not  universally  true.  In  Boston  and  Milwaukee,  for  ex- 
ample, Negroes  constitute  a  relatively  small  proportion  of  the  school  en- 
rollment. But  in  many  large  cities,  such  as  Chicago,  Baltimore,  Detroit, 
and  Philadelphia,  the  Negro  elementary  school  enrollment  already  is  so 
great  that  it  is  impossible  even  theoretically  to  eliminate  majority-Negro 
schools  without  the  cooperation  of  the  suburbs. 

Efforts  to  reduce  racial  imbalance  in  most  big  cities  fall  generally  into 
three  categories :  ( 1 )  those  which  seek  to  reduce  imbalance  without 
altering  existing  attendance  areas;  (2)  those  which  alter  or  enlarge  at- 
tendance areas ;  and,  ( 3 )  those  which  involve  cooperation  between  sub- 
urban and  central  city  school  jurisdictions. 


""  Racial  enrollment  statistics  collected  in  the  Stout  study  do  not  reveal  any  large- 
scale  withdrawal  of  white  children  from  the  public  schools.  For  example,  in  Engle- 
wood,  N.J.,  before  desegregation  there  were  1,271  white  elementary  school  students 
(1962).  In  1965,  after  the  creation  of  the  first  central  grade  school,  there  were 
approximately  1,300  white  elementary  grade  students.  (See  Stout  Study,  VIII-95; 
98.)  See  also  racial  enrollment  statistics  for  White  Plains  {Supra  1-34)  ;  for  Green- 
burgh  No.  8  {Supra  11-37);  in  Syracuse,  white  enrollment  did  not  decline  at  the 
junior  high  level  when  complete  desegregation  was  accomplished.  {Supra  V-69-70.) 
The  Berkeley  schools  experienced  an  increase  in  white  enrollment  in  the  1966—67 
school  year.  Dr.  Thomas  D.  Wogmann,  Administrative  Assistant  to  the  Superin- 
tendent, reported  to  the  Berkeley  school  board:  "The  unsupported  allegations  of  a 
mass  Caucasian  exodus  to  the  suburbs  because  of  integration  is  simply  not  borne 
out."    Oakland  Tribune,  Dec.  21,  1966. 

^°*  In  Berkeley  an  attempted  recall  of  school  board  members  failed  and  a  subsequent 
bond  issue  was  passed.  In  Teaneck,  pro-desegregation  board  candidates  were  re- 
elected. In  Englewood,  Teaneck,  White  Plains,  and  Syracuse,  law  suits  were  either 
dropped  or  won  by  the  school  boards.     {Stout  Study  atXII-17-18.) 


146 


n 


School  Desegregation  Without  Ahering  Attendance  Areas 

A  number  of  big  city  school  systems  have  attempted  to  reduce  racial 
imbalance  without  altering  established  attendance  areas.  Devices  used 
include  open  enrollment  and  busing. 

Open  Enrollment. — An  open  enrollment  plan  permits  a  student  to 
attend  an  underutilized  school  outside  of  the  attendance  zone  in  which 
his  residence  is  located.  The  purpose  of  such  a  plan  may  be  to  grant 
pupils  a  choice  of  schools,  to  relieve  racial  imbalance,  or  both. 

Under  some  open  enrollment  plans,  transportation  costs  must  be  paid 
by  a  family  wishing  to  send  its  child  to  a  school  outside  the  neighborhood. 
This  is  the  policy  in  Boston,  where,  after  school  authorities  refused  to 
provide  transportation,  a  private  busing  program — Operation  Exodus — 
was  organized  and  supported  by  Negro  parents  in  the  Roxbury  area  with 
the  help  of  contributions  from  various  sources.  Operation  Exodus 
sponsored  transportation  for  almost  600  Negro  students  who  transferred 
from  predominantly  Negro  to  predominantly  white  schools  during  the 
1965-66  school  year."^  Nevertheless,  the  requirement  that  transpor- 
tation expenses  be  paid  by  the  family  imposes  obvious  limitations  on 
achieving  significant  desegregation.  At  its  Boston  hearing,  the  Commis- 
sion heard  testimony  concerning  the  difficult  financial  circumstances 
under  which  Operation  Exodus  was  operating  in  the  1966-67  school 
year."*' 

Open  enrollment  plans  also  are  subject  to  limitations  imposed  by 
available  space.  As  part  of  an  overall  plan  to  alleviate  racial  imbalance, 
the  school  board  in  Rochester,  N.Y.,  adopted  in  1963  an  open  enroll- 
ment plan  under  which  transportation  was  furnished  by  the  school  sys- 
tem. The  Rochester  school  superintendent  told  the  Commission  of  his 
desire  to  see  open  enrollment  work  in  his  city : 

When  the  Board  of  Education  on  November  16,  1963,  passed 
unanimously  a  resolution  directing  me  to  prepare  administrative 
regulations  to  institute  open  enrollment,  I  was  determined  that  it 
was  going  to  work,  not  to  fail. 

I  analyzed  why  open  enrollment  had  failed  in  many  other  cities 
and  there  were  two  basic  reasons:  One,  the  transportation  costs 
became  a  burden  for  the  family.  .  .  .  Second  .  .  .  open  enroll- 
ment programs  suggested  in  this  country  failed  because  the  burden 
was  placed  on  the  parent  to  walk  to  the  school  and  up  to  the 
counter  of  the  secretary  or  principal  and  to  say,  "I  want  open  en- 
rollment," to  say  it  verbally,  to  come  and  make  personal  appli- 
cation.    And  I  vowed  to  eliminate  both  those  hurdles."' 

The  school  system  sent  letters  to  parents  of  children  in  certain  schools 
located  in  Negro  residential  areas,  offering  the  opportunity  to  transfer. 

^•^  U.S.  Commission  on  Civil  Rights,  Sta§  Report  on  Issues  Related  to  Racial  Im- 
balance in  the  Public  Schools  of  Boston,  Mass.,  28.  [Hereinafter  cited  as  USCCR 
Staff  Report,  Boston.] 

"*  Testimony  of  Mrs.  Ellen  Jackson,  Boston  Hearing,  270,  278.  Testimony  of  the 
Honorable  Senator  Edward  Kennedy,  supra. 

^*"  Rochester  Hearing,  332. 

147 


Negro  families  in  significant  numbers — more  than  a  thousand — applied. 
But  owing  to  limitations  on  the  capacity  of  the  receiving  schools,  only 
660  applications  could  be  accepted."^  Thus  even  where  transporta- 
tion costs  are  paid  by  the  school  system,  open  enrollment  is  limited 
by  the  space  available  in  the  predominantly  white  schools. 

Open  enrollment  also  has  other  Hmitations  which  restrict  its  effective- 
ness as  a  device  to  reduce  racial  imbalance.  While  experience  in  Boston 
and  Rochester  has  shown  that  many  Negro  families  take  advantage  of 
open  enrollment,  others  do  not.  The  reasons  are  varied.  Many  Negro 
families,  like  many  white  families,  prefer  to  have  their  children  attend 
a  school  close  to  home.  As  suggested  in  Chapter  3,  moreover,  racial  iso- 
lation tends  to  foster  negative  attitudes  toward  desegregation  for  Negroes 
as  well  as  white  persons.  Again,  Negro  parents  who  gladly  might  par- 
ticipate in  a  desegregation  plan  affecting  the  entire  community  may  be 
reluctant  to  require  their  children  to  assume  the  role  of  pioneers  in  an 
almost  all-white  school  and  they  may  resent  being  forced  to  assume  the 
entire  burden  of  desegregation  themselves. ^°^ 

There  are  other  limitations  inherent  in  open  enrollment.  As  an  advis- 
ory committee  to  the  Massachusetts  State  Commissioner  of  Education 
wrote:  "Open  enrollment  alone  cannot  achieve  school  integration.  Re- 
lying on  open  enrollment  places  the  responsibiUty  for  school  integration 
on  the  uncoordinated  actions  of  thousands  of  parents,  rather  than  on  the 
planned  actions  of  the  schools  themselves."  ^^° 

Another  drawback  of  open  enrollment  is  that  it  does  not  improve  the 
racial  balance  of  majority-Negro  schools.  Indeed,  where  the  plan  per- 
mits white  students  as  well  as  Negro  students  to  transfer,  the  result  may 
be  to  increase  isolation  at  predominantly  Negro  schools  by  permitting 
white  students  to  transfer  out  of  such  schools.^"    Still  another  problem 

^°*  U.S.  Commission  on  Civil  Rights,  Staf  Report  on  Issues  Related  to  Racial  Im- 
balance in  the  Public  Schools  of  Rochester  and  Syracuse,  N.Y.,  at  24.  [Here- 
inafter cited  as  USCCR  Staff  Report,  Rochester  and  Syracuse.]  Six  hundred 
sixty  transfers  were  accepted  for  the  first  year.  The  weekend  before  the  transfers 
were  to  take  place,  threatening  phone  calls  to  Negro  parents  caused  over  100  chil- 
dren to  drop  out  of  the  program.      (See:  Stout  Study  at  III-5). 

^"^  See,  for  example,  staff  interview  with  Rev.  Franklin  D.  R.  Florence,  president, 
FIGHT,  Rochester,  N.Y.,  June  19,  1966. 

"°  Advisory  Committee  on  Racial  Imbalance  and  Education,  Massachusetts  State 
Board  of  Education,  Because  It  Is  Right — Educationally,  at  4  (April  1965).  [Here- 
inafter cited  as  Because  It  Is  Right.] 

"*  The  table  below  shows  the  change  in  racial  composition  of  sending  schools 
after  Rochester  began  open  enrollment  in  1963. 


School 

Percent  nonwhite 
in  1962-63 

Percent  nonwhite 
in  1965-66 

2                                                               .      --    - 

89.8 
95.3 
92.0 
*93.8 
90.1 
82.1 

97.4 

3           _     .   -     

96.8 

4                          --          _.        

97.0 

6                                 --             _       

96.6 

9       -                                            .      _   .      - 

98.9 

14                             --       -             _-     --   - 

89.9 

148 


is  that  open  enrollment  may  drain  from  majority-Negro  schools  the 
students  who  have  the  highest  aspirations.^ ^- 

Busing. — Some  school  systems  have  sought  to  relieve  racial  imbalance 
by  transporting  Negro  children  from  their  normal  attendance  areas  to 
predominantly  white  schools  in  other  parts  of  the  city.  For  example, 
in  Portland,  Oreg., — a  city  with  an  elementary  school  enrollment  of 
54,7 1 7  of  which  4,482  are  Negro — some  400  elementary  school  children, 
90  percent  of  whom  are  Negroes,  currently  are  being  bused  with  Federal 
financial  aid  to  34  white  schools  outside  their  regular  attendance  areas. 
A  Portland  school  official  has  acknowledged,  however,  that  busing  has 
not  significantly  affected  the  racial  composition  of  Portland's  elementary 
schools  because  so  few  children  are  involved.^^^ 

In  Philadelphia,  more  than  9,000  elementary  and  junior  high  school 
children — of  a  total  elementary  and  junior  high  school  enrollment  of 
more  than  200,000 — are  being  bused  during  the  1966-67  school  year, 
both  to  relieve  overcrowding  £md  to  reduce  racial  imbalance.  Almost 
7,000  of  the  bused  students  are  from  schools  that  are  more  than  90  percent 
Negro.  In  Philadelphia,  66  percent  of  the  Negro  children  attended  such 
schools  at  both  the  elementary  and  junior  high  level  in  1965.  Approxi- 
mately 55  percent  of  the  children  from  the  schools  which  are  more  than 
90  percent  Negro  are  being  bused  to  predominantly  white  schools.  The 
remainder  are  being  transported  to  schools  that  are  more  than  50  percent 
Negro.  Practically  all  students  bused  from  overcrowded  majority-white 
schools  are  assigned  to  majority- white  schools."* 

Alterations  In  Attendance  Areas 

Among  the  measures  which  large  cities  have  used  or  have  contem- 
plated using  to  reduce  racial  imbalance  are  devices  which  involve  changes 
in  attendance  areas.  Such  devices  include  strategic  selection  of  school 
sites  (which  involves  the  establishment  of  new  attendance  areas  and  con- 
comitant changes  in  old  attendance  areas ) ,  boundary  changes,  and 
school  pairing. 

Site  Selection. — The  strategic  use  of  site  selection  as  a  device  to 
relieve  racial  imbalance  has  been  mentioned  by  some  school  boards,  such 


^^"  See,  for  example,  San  Francisco  Unified  School  District,  Memorandum  From  As- 
sistant Superintendent  Lewis  Allbee  to  Superintendent  Harold  Spears  at  2  (Oct.  15, 
1965).  "Since  schools  in  the  western  sections  of  the  city,  serving  upper  socioeconomic 
classes,  enjoy  high  prestige,  it  is  likely  that  these  schools  would  draw  pupils  of  high 
academic  and  social  aspirations  from  other  parts  of  the  city.  This  would  drain  student 
leadership  and  academically-talented  pupils  from  the  schools  that  can  least  afford  to 
lose  them." 

"''  Staff  telephone  interview  with  Dr.  Kleiner,  director.  Model  School  Division,  Port- 
land Unified  School  District  (Nov.  22,  1966).  Enrollment  data  for  1965  obtained 
from  Portland  Unified  School  District. 

"^  Data  on  Philadelphia's  busing  program  were  supplied  to  the  Commission  by  the 
Department  of  Research,  Board  of  Education,  School  District  of  Philadelphia.  En- 
rollment data  are  for  1965-66.  See  also:  School  District  of  Philadelphia,  Progress 
Report  on  Integration  in  the  Philadelphia  Public  Schools,  1,  3  (March  1966). 

149 

243-637   O  -  67  -  11 


as  those  in  San  Francisco  and  Philadelphia,  in  poKcy  statements.^ ^^  In 
Rochester,  school  authorities  are  planning  to  locate  a  new  junior  high  , 
school  to  assure  that  it  will  open  racially  balanced.^  ^'''  Some  educators, 
discussing  school  desegregation  in  large  cities,  have  suggested  that  this 
approach  has  limitations.  The  construction  of  a  small  school  on  the 
periphery  of  a  Negro  ghetto  may  not  guarantee  stable  desegregation,  for 
it  is  these  very  areais  which  frequently  experience  rapid  racial  turnover. 
At  the  Commission's  Cleveland  hearing,  Paul  Briggs,  Cleveland's  Super- 
intendent of  Schools  testified  that  the  changing  nature  of  residential 
patterns  in  that  city  made  it  virtually  impossible  to  achieve  school  de- 
segregation by  this  means,  even  at  the  high  school  level : 

When  Kennedy  Senior  High  School  was  first  envisioned,  if  that 
high  school  had  opened  that  day  in  that  location,  it  would  have 
been  60  percent  white  and  40  percent  Negro.  When  it  opened  it 
was  95  percent  Negro.^^' 

Boundary  Changes. — As  a  means  of  eliminating  racial  imbalance,  the 
adjustment  of  attendance  area  boundaries  in  large  school  systems  essen- 
tially has  the  same  limitations  as  strategic  site  selection.  Only  at  the 
periphery  of  Negro  and  white  areas  would  boundary  adjustments  affect 
a  school's  racial  composition.  The  small  elementary  school  attendance 
areas  make  it  unlikely  that  redistricting  can  result  in  lasting  desegrega- 
tion. In  New  York  City,  for  example,  to  promote  desegregation  about 
100  boundary  changes  were  made  between  1959  and  1963.  The  Advi- 
sory Committee  to  the  State  Commissioner  of  Education  pointed  out 
that,  despite  these  changes,  the  extent  of  segregation  in  the  city's  schools 
was  greater  in  1963  than  in  1958."^ 

In  Chicago,  a  study  of  the  schools  concluded:  "Even  if  the  most 
extreme  procedures  of  redistricting  school  attendance  areas  to  increase 
desegregation  were  to  be  used,  there  would  still  be  all-Negro  and  all-white 
schools  in  the  city."  "'^  A  study  of  school  redistricting  in  Boston,  which 
has  a  relatively  small  Negro  residential  area,  estimated  that  the  most 
comprehensive  redistricting  in  that  city  would  reduce  the  percentage  of 
non white  children  in  majority-Negro  elementary  schools  from  78  to  65.^^" 

"■^  See  San  Francisco  Unified  School  District,  Report  of  the  Ad  Hoc  Committee 
of  the  Board  of  Education  To  Study  Ethnic  Factors  in  the  San  Francisco  Public 
Schools  (April  1963);  Brard  of  Public  Education,  Philadelphia,  Pa.,  Report  of  the 
Special  Committee  on  Nondiscrimination,  72   (July  23,  1964). 

""  Staff  telephone  interview  with  Dr.  William  Rock,  Administrative  director  for 
planning  and  research,  Rochester  Public  Schools  (Nov.  18,  1966). 

'"  Cleveland  Hearing,  380. 

"'  The  State  Education  Commissioner's  Advisory  Committee  on  Human  Relations 
and  Community  Tensions,  Desegregating  the  Public  Schools  of  New  York  City, 
4-5  (May  12,  1964) .    [Hereinafter  cited  as  Allen  Report.] 

"'  The  Advisory  Panel  on  Integration  of  the  Public  Schools,  Report  to  the  Board 
of  Education,  City  of  Chicago,  62  (Mar.  31,  1964) . 

'"  Technical  Assistance  Team  of  the  Joint  Center  for  Urban  Studies,  Changes  in 
School  Attendance  Districts  as  a  Means  of  Alleviating  Racial  Imbalance  in  the  Boston 
Public  Schools,  2,  5  (May  27,  1966).  [Memorandum  to  the  Task  Force  on  Racial 
Imbalance  of  the  Massachusetts  Commissioner  of  Education.] 

150 


The  study  did  not  consider  redistricting  to  be  a  permanent  solution. ^^^ 
School  Pairing. — School  pairing  involving  schools  located  close  to  each 
other  and  with  contiguous  attendance  zones  has  enabled  some  smaller 
communities  to  desegregate  entire  grade  divisions  of  their  school  systems. 
In  big  cities  the  potential  effectiveness  of  this  device  is  more  limited. 
Desegregation  can  be  achieved  by  such  pairing  only  when  the  schools 
involved  are  located  at  or  near  the  border  of  Negro  and  white  neighbor- 
hoods. Large  cities  have  more  schools  which  are  located  at  or  near  the 
centers  of  white  and  Negro  concentrations. 

In  New  York  City,  the  Board  of  Education  in  1964  proposed  21  pair- 
ings involving  42  schools.  The  proposal,  however,  would  have  had  little 
impact.     Commissioner  Allen's  Advisory  Committee  observed : 

If  all  21  of  the  pairings  proposed  by  the  board  were  to  be  intro- 
duced at  once  .  .  .  school  segregation  [would  have  been  reduced] 
by  1  percent.   .  .  }  — 

Metropolitan  Desegregation 

In  a  few  large  cities  efforts  have  been  made  to  place  Negro  youngsters 
from  majority-Negro  central  city  schools  in  neighboring  suburban  school 
systems.  Programs  of  this  kind  are  operating  in  the  Rochester,  N.Y., 
Boston,  Mass.,  and  Hartford,  Conn.,  metropolitan  areas. 

Rochester. — In  March  1965,  the  school  board  in  West  Irondequoit,  a 
Rochester  suburb,  agreed  to  accept  25  first  graders  from  racially  imbal- 
anced  Rochester  schools.^ "^  Apart  from  the  transported  students,  West 
Irondequoit  had  four  Negro  students  in  an  enrollment  of  approximately 
5,800.^^^ 

The  students  selected  to  participate  were  from  a  predominantly  Negro 
school  located  in  a  middle-class  Negro  area.  The  Rochester  school  ad- 
ministration felt  that  these  children  would  have  the  best  chance  to  suc- 
ceed. The  staff  screened  58  incoming  first-grade  children  in  order  to 
choose  those  who  were  average  and  above  average.  Parental  consent 
was  obtained. ^"^  Each  year  approximately  25  more  children  from  cen- 
tral city  Rochester  schools  will  enter  the  first  grade  in  West  Irondequoit, 
until  the  number  of  inner-city  children  reaches  300.  Under  the  plan, 
no  more  than  four  and  no  less  than  two  Negro  children  are  assigned  to 
the  same  classroom.  Rochester  pays  the  tuition  and  provides  the  trans- 
portation for  the  children  participating  in  the  program.  Most  of  the 
tuition  and  transportation  costs  are  reimbursed  by  the  State  and  by  Fed- 
eral funds  under  Tide  I  of  the  Elementary  and  Secondary  Education 
Act.^''' 


'''  Ibid. 

"^  Allen  Report,  8. 

^"■^  USCCR  Staff  Report,  Rochester  and  Syracuse,  29. 

^  Ibid. 

'==  Ibid. 

"^  Id.  at  29-30. 


151 


At  the  Commission's  Rochester  hearing,  William  C.  Rock,  Adminis- 
trative Director  of  Planning  and  Research  for  the  Rochester  school  system, 
reported  on  an  evaluation  of  the  program  conducted  by  the  Rochester 
and  West  Irondequoit  school  systems.  Among  the  conclusions  reached 
in  the  study  was  that  "the  program  is  working  well  and  that  children  at 
this  time  are  benefiting  from  the  experience."  ^"  When  the  achieve- 
ment of  the  transferred  students  and  a  matched  group  of  students  in  the 
sending  school  was  compared,  it  was  found  that  children  in  the  group 
going  to  West  Irondequoit  were  reading  consistently  at  grade  level,  while 
the  children  in  the  matched  control  group  at  the  sending  school  were 
not  reading  consistently  up  to  grade  level.^^^ 

All  of  the  children  involved  in  the  first  year  of  the  West  Irondequoit 
program  returned  during  the  1966-67  school  year.^^^  Two  parents  of 
Negro  children  participating  in  the  program  testified  at  the  Commission 
hearing  in  Rochester  that  their  children  had  had  normal  school  experi- 
ences and  had  adjusted  well  to  school. 


130 


Boston. — The  population  of  the  Boston  Metropolitan  Area  in  1960 
was  more  than  2.5  million.  About  3  percent  were  Negroes  who  were 
concentrated  primarily  within  the  city  of  Boston."^  In  September  1966, 
an  organization  known  at  METCO  ( Metropolitan  Council  for  Educa- 
tional Opportunities) — a  group  of  private  citizens  from  Boston  and 
surrounding  suburban  communities  who  are  concerned  with  educational 
problems  in  the  metropolitan  area — began  a  program  under  which  220 
children  are  bused  from  the  predominantly  Negro  Roxbury-North  Dor- 
chester and  South  End  areas  of  the  city  to  public  schools  in  seven  suburban 
communities."'  The  students  selected  came  from  different  social  class 
backgrounds  and  spanned  a  range  of  ability.  Student  participation  in 
METCO  is  voluntary  and  the  communities  taking  part  have  committed 
themselves  to  educate  the  participating  children  until  their  graduation 
from  high  school."^ 

The  METCO  program,  funded  by  a  private  foundation  and  the  U.S. 
Office  of  Education  under  Title  III  of  the  Elementary  and  Secondary 


^"  City  School  District,  Rochester,  N.Y.,  An  Interim  Report  on  a  Cooperative 
Program  Between  a  City  School  District  and  a  Suburban  School  District,  16  (July 
20,  1966). 

^=*  Id.  at  4. 

^  Testimony  of  Erie  Helmer,  Superintendent  of  West  Irondequoit,  Rochester 
Hearing,  237. 

"» Id.  at  262-265. 

^  U.S.  Bureau  of  Census,  Census  of  Population  and  Housing:  1960,  PHC(l)- 
18,  table  P-1,  at  14. 

"=■  Boston  Hearing,  291-92,  295. 

"'  Id.  at  296. 

152 


Education  Act/^*  also  is  eligible  for  State  assistance  under  a  recently 
passed  law."^ 

METCO  leaders  hope  to  expand  the  busing  program  next  year  to 
include  more  students  and  additional  communities.  Plans  to  involve 
300  additional  Boston  children  in  the  1967-68  school  year  have  been 
announced. ^^'^  Three  additional  suburban  communities  have  committed 
themselves  informally  to  participate  in  METCO  next  year  and  22  other 
suburban  communities  have  indicated  some  interest. ^^' 

Hartford. — Of  the  more  than  500,000  persons  who  live  in  the  Hart- 
ford, Conn.,  Metropolitan  Area,  nearly  30,000  are  Negroes,  25,000  of 
whom  live  in  the  city  of  Hartford.^^^  Since  September  1966,  267  Negro 
elementary  school  children  have  been  bused  from  predominantly  Negro 
schools  in  Hartford  to  33  schools  in  5  surrounding  suburban  commu- 
nities. The  program,  "Project  Concern,"  is  supported  by  Federal  and 
private  foundation  funds,  and  by  money  from  the  State  and  from  the 
city  of  Hartford.  The  children  from  the  inner-city  schools  were  chosen 
at  random  and  no  child  was  excluded  because  of  his  ability  or  achieve- 
ment level.  Less  than  5  percent  of  the  children  selected  declined  to 
participate.  The  final  bused  group  was  88  percent  Negro,  10  percent 
Puerto  Rican,  and  2  percent  white.  The  267  children  were  assigned 
to  the  suburban  schools  on  a  vacant  seat  basis,  but  with  a  limit  of  three 
Hartford  students  to  a  class.^^'' 

Each  child  has  been  placed  in  the  grade  he  would  have  attended  in 
the  city  schools.  A  supportive  team  consisting  of  a  teacher  and  a  non- 
professional teacher's  aide  has  been  provided  for  every  25  city  children. 
These  teams  work  with  the  regular  classroom  teachers  and  are  concerned 
primarily  with  remedial  educational  activities,  to  be  carried  on  in  small 
racially  mixed  groups,  and  with  home-school  liaison. ^^" 

These  metropolitan  programs  affect  very  small  numbers  of  Negro  chil- 
dren and  they  do  not  reduce  racial  isolation  in  city  schools.  In  spite 
of  their  current  limitations,  however,  they  show  promise.  Plans  extend- 
ing beyond  central  city  limits  and  involving  the  wider  metropolitan  area 
have  potential  for  affecting  greater  numbers  of  students  and  schools  than 
plans  confined  to  the  cities  alone.  This,  obviously,  is  true  of  cities  which 
have  majority-Negro  student  enrollments. 


"'  USCCR  Staff  Report,  Boston,  at  31. 

""  Id.  at  32. 
^'^  Ibid. 

'^U.S.  Bureau  of  Census,  Census  of  Population  and  Housing:  1960,  PHC   (1)- 
61,  table  P-1,  at  14. 

"°  Connecticut  State  Department  of  Education,  Project  Concern  (Sept.  20,  1966). 
^^'Ibid. 

153 


Progress  in  reducing  racial  isolation  in  city  schools  has  not  been 
extensive.  In  a  number  of  smaller  communities,  efforts  to  eliminate 
school  segregation  have  been  successful.  A  variety  of  techniques  has 
been  used,  mainly  involving  the  enlargement  of  school  attendance  areas  ^ 
to  overcome  residential  segregation. 

In  the  Nation's  large  urban  centers,  comparatively  little  progress  has 
been  made.  Larger  areas  of  racial  concentration  and  rapid  racial  turn- 
over in  peripheral  areas  have  made  it  difficult  for  big  city  school  systems 
to  reduce  racial  imbalance.  Techniques  that  may  produce  total  desegre- 
gation in  small  communities  appear  to  provide  few  lasting  solutions  in 
large  cities.  In  many  large  cities,  school  desegregation  cannot  be  achieved 
without  substantial  revision  of  school  assignment  policies. 

In  some  cities,  Negro  students  already  constitute  a  majority  of  the 
public  school  enrollment.  In  these  cities,  solutions  not  involving  sub- 
urban participation  no  longer  are  possible.  John  Fischer,  reviewing  the 
progress  of  school  desegregation  in  big  cities,  has  written : 

Twelve  years  of  effort,  some  ingeniously  pro  forma  and  some 
laboriously  genuine,  have  proved  that  desegregating  schools  .  .  . 
is  much  more  difficult  than  it  first  appeared.  Attendance  area 
boundaries  have  been  redrawn;  new  schools  have  been  built  in 
border  areas;  parents  have  been  permitted,  even  encouraged,  to 
choose  more  desirable  schools  for  their  children;  pupils  from 
crowded  slum  schools  have  been  bused  to  outlying  schools;  "Negro" 
and  "white"  schools  have  been  paired  and  their  student  bodies 
merged ;  but  in  few  cases  have  the  results  been  wholly  satisfactory. 
Despite  some  initial  success  and  a  few  stable  solutions,  the  con- 
sequences, for  the  most  part,  have  proved  disappointing.  Steady 
increases  in  urban  Negro  population,  continuing  shifts  in  the  racial 
character  of  neighborhoods  .  .  .  produce  new  problems  faster 
than  old  ones  could  be  solved. ^*^ 

In  a  few  large  cities,  metropolitan  programs  are  emerging.  Small 
in  number  and  impact,  they  nevertheless  are  promising  first  steps. 

Factors  in  Successful  School  Desegregation 

Whether  school  desegregation  is  effective  depends  on  a  number  of 
factors.  These  include  the  leadership  given  by  State  and  local  officials; 
the  application  of  the  plan  to  all  schools  in  the  cornmunity ;  the  measures 
taken  to  minimize  the  possibility  of  racial  friction  in  the  newly  desegre- 
gated schools;  the  maintenance  or  improvement  of  educational  standards; 
the  desegregation  of  classes  within  the  schools  as  well  as  the  schools 
themselves,  and  the  availability  of  supportive  services  for  individual 
students  who  lag  in  achievement. 


''^App.  D-2.1  at  253-254. 
154 


State  and  Local  Leadership 

Leadership  by  State  and  local  officials  is  an  important  factor  in  success- 
ful school  desegregation. 

The  Connecticut  State  Department  of  Education  was  primarily  re- 
sponsible for  initiating  the  Hartford  program  involving  the  busing  of 
inner-city  children  to  surrounding  suburbs/^-  State  leadership  also  was 
crucial  in  initiating  school  desegregation  in  Springfield,  Mass/^^  Sup- 
port by  the  New  Jersey  Commissioner  of  Education,  along  with  the 
determination  of  local  officials,  was  a  significant  factor  in  reducing 
racial  imbalance  in  the  Englewood  schools.^** 

At  the  Commission's  Rochester  hearing,  James  Allen,  the  New 
York  State  Commissioner  of  Education,  stressed  the  importance  of  local 
leadership  in  making  school  desegregation  work: 

The  leadership  of  the  school  authorities,  the  leadership  of  the 
school  superintendent — is  a  tremendous  factor  here.  His  attitude, 
his  courage  and  the  attitude  and  courage  of  the  school  board  can 
do  a  great  deal  to  help  work  this  out  in  a  peaceful  and  harmonious 
fashion  .  .  .  where  the  community  attacks  this  problem  as  a  com- 
prehensive one  .   .  .  and  gets  ahead  of  it  there  is  more  success."^ 


"^  Staff  interview  with  Dr.  Alexander  J.  Plante,  State  director  of  the  Office  of  Pro- 
gram Development;  Mrs.  Trude  Johnson,  assistant  director  of  Project  Concern; 
Thomas  Mahan,  director  of  Project  Concern ;  John  McManama,  elementary  school 
principal,  Farmington,  Conn. ;  Mrs.  Conners,  teacher,  Farmington,  Conn. ;  Edward 
Sullivan,  principal  of  Union  School,  Farmington,  Conn.  (Sept.  27,  1966).  State 
officials  conceived  and  implemented  the  busing  program.  The  State  provided  a  grant 
of  $20,000. 

""  The  Springfield  School  Committee  had  taken  little  concrete  action  to  end  school 
segregation  until  it  became  apparent  that  the  State  Board  of  Education  would  require 
action.  In  April  1965,  the  State  Board's  Advisory  Committee  on  Racial  Imbalance 
and  Education  issued  a  report  recommending  State  legislation  requiring  school 
districts  to  take  steps  toward  eliminating  racial  imbalance.  {Because  It  Is  Right, 
20.)  In  August  1965,  State  legislation  was  passed  providing  that  if  racial  im- 
balance was  found,  school  systems  would  be  required  to  submit  a  desegregation  plan. 
The  legislation  also  provided  that  if  a  district  refused  to  do  so,  the  State  could  defer 
school  aid  funds.    Massachusetts  Acts  1965,  ch.  61. 

In  June  1965,  before  enactment  of  the  State  legislation,  the  then  superintendent 
of  schools,  Joseph  McCook,  commented :  "Because  the  State,  the  Governor,  and  the 
Commissioner  have  taken  so  strong  a  stand,  the  administration  believes  that  signifi- 
cant steps  can  and  should  be  taken  now  to  implement  a  Springfield  plan  [to  eliminate 
racial  isolation]."     Springfield  School  Committee  Minutes  (June  3,  1965). 

A  limited  open  enrollment  program  began  operating  in  September  1965.  After  6 
months  of  negotiation,  a  new  Springfield  plan  for  reducing  racial  isolation  was  ac- 
cepted by  the  State.  Staff  interview  with  Dr.  Helen  Thicnert,  director.  Department 
of  Research,  Springfield  Public  Schools,  Sept.  16,  1966;  Springfield  Public  Schools, 
Revised  Springfield  Plan  for  the  Promotion  of  Racial  Balance  and  the  Correction  of 
Existing  Racial  Imbalance  in  the  Public  Schools  (Apr.  1,  1966). 

"^  In  Englewood,  N.J.,  the  superintendent  and  the  board  committed  themselves 
to  a  desegregation  plan,  but  were  opposed  by  elected  city  officials.  The  State  Com- 
missioner of  Education  ruled  that  Englewood  must  desegregate.  The  board  then 
created  the  central  sixth-grade  school  for  all  students,  and  in  1966  created  an  addi- 
tional central  grade  school.      (See  Stout  Study,  VIII-26,  42,  63.) 

^^  Rochester  Hearing,  407-08. 

155 


Samuel  McDonald,  the  Coatesville,  Pa.,  School  Superintendent, 
has  stated  his  view  of  the  school  system's  responsibility : 

We  felt  it  was  our  job  to  make  a  decision,  inform  our  citizens  of 
our  decision,  and  then  stick  to  it.  And  it's  just  exactly  what  we 
did."« 

Involvement  of  All  Schools  in  the  Community 

Another  important  factor  in  successful  school  desegregation  is  the  I 
involvement  of  all  schools  in  the  community.  Where  desegregation 
affects  only  part  of  the  community,  the  affected  parents  may  feel  resentful 
at  being  required  to  contribute  to  the  solution  of  a  problem  which  other 
parts  of  the  community  remain  free  to  ignore. 

In  some  of  the  cities  discussed  above,  early  plans  involved  only  a  small 
proportion  of  the  schools  and  affected  only  isolated  segments  of  the  com- 
munity. As  a  result,  substantial  opposition  was  generated  among  the 
white  and  Negro  parents  upon  whom  the  entire  burden  of  desegregation 
descended.  Opposition  diminished  when  the  plans  were  made  more  in- 
clusive. In  Berkeley,  Calif.,  for  example,  an  early  proposal  to  adjust  the 
attendance  area  boundaries  of  the  predominantly  white  and  the  pre- 
dominantly Negro  junior  high  schools  aroused  opposition,  principally 
from  a  group  called  Parents  for  Neighborhood  Schools.  Opposition  de- 
creased when  the  plan  for  the  creation  of  a  central  ninth  grade  school, 
affecting  all  junior  high  school  students,  was  proposed/*^ 


""  "Coatesville,  Pa."  School  Management  at  94  (March  1964).  Strong  local  lead- 
ership also  was  instrumental  in  achieving  school  integration  in  Evanston,  111.,  and 
White  Plains,  N.Y.  In  September  1966,  the  initial  phase  of  the  Evanston,  111.,  pro- 
gram to  end  school  segregation  began.  Wakefield,  The  Computer  Helps  Desegregate 
Schools,  5  (undated).  Despite  community  opposition.  Superintendent  Coffin  and  the 
board  stood  firm  and  on  Nov.  21,  1966,  the  board  voted  unanimously  in  favor  of  full 
desegregation.  Chicago  Tribune,  Sept.  11,  1966,  sec.  1,  p.  10;  Chicago  Sun  Times, 
Nov.  22,  1966,  p.  1.  In  White  Plains,  the  superintendent  and  board,  with  help 
from  the  State,  devised  a  desegregation  plan.  Despite  considerable  community  oppo- 
sition, the  board  and  superintendent  stood  firm  behind  their  plan.  Stout  Study, 
1-6-9.  Leadership  by  the  Superintendent  and  Board  in  West  Irondequoit,  New  York 
was  in  large  measure  responsible  for  the  adoption  and  implementation  of  the  program 
to  accept  Negro  students  from  the  city  of  Rochester.  Anticipating  opposition  to  the 
proposal,  the  school  administration  gained  the  support  of  teachers  and  parents'  groups 
before  publicizing  the  program.  Despite  charges  that  the  Board  had  acted  illegally 
and  threats  of  a  referendum,  the  Board  stood  by  its  policy.  After  a  year  of  the  pro- 
gram, the  Superintendent  reported  that  community  anxiety  had  relaxed  considerably. 
Rochester  Hearing,  232-34. 

^"  Stout  Study,  VII-87.  In  addition  to  Berkeley,  Englewood,  N.J.,  and  White 
Plains,  N.Y.,  took  steps  to  assure  system-wide  involvement  when  desegregation  occurred. 
For  example,  the  creation  of  the  central  school  in  Englewood,  N.J.,  for  all  sixth 
graders,  and  later  for  all  fifth  graders,  means  that  all  children  in  those  grades  attend 
the  central  school.  The  other  elementary  schools  were  affected  because  Negro 
students  from  the  one  remaining  racially  isolated  elementary  school  were  assigned  to 
schools  throughout  the  system.  (Stout  Study,  VIII-63.)  In  White  Plains,  N.Y.,  de- 
segregation has  extended  to  all  grade  divisions  within  the  system,  and  the  school  board 
has  ruled  that  all  schools  will  have  a  minimum  Negro  enrollment  of  10  percent,  but 
that  in  no  school  will,Negro  enrollment  exceed  30  percent.     (Stout  Study,  1-4;  11-12.) 


156 


Jl 


Minimizing  the  Possibility  of  Interracial  Friction 

The  success  of  school  desegregation  also  depends  on  the  degree  to  which 
administrators  and  teachers  are  able  to  create  conditions  under  which 
Negro  and  white  students  who  are  brought  together  in  the  school  and  the 
classroom  are  able  to  understand  and  accept  each  other. 

Interracial  friction  in  a  nominally  desegrated  school  can  cause  hard- 
ships for  particular  pupils  and  adversely  affect  student  attitudes  and 
achievement.  In  the  Office  of  Education  survey,  teachers  were  asked  to 
report  on  the  extent  of  friction  between  racial  groups  in  their  schools. 
Figure  6  shows  a  clear  relationship  between  student  attitudes  and  achieve- 

'igure  6:  Effects  of  tension  on  attitudes  and  performance  of 
9th  grade  Negro  students  in  desegregated  scfiools 


I      I   Schools  where  few  teachers  report  tension 
.  '    Schools  where  about  one-half  the  teachers  report  tension 


100% 


75  — 


Student 
Characteristics: 


50  — 


Students  with  definite/\students  who  believe 
college  plans  hard  work  rather 

than  good  luck 
leads  to  success 


Equivalent      achievement 


Source  :  USCCR  analysis  of  OE  Survey  data.    See  App.  CI. 


157 


ment  and  the  degree  of  such  friction.    The  achievement  of  Negro 
students  is  adversely  affected  where  there  is  a  high  degree  of  friction/" 
Thus,  the  survey,  commenting  on  the  successful  desegregation  of  a  pre- 
viously all-white  "prestige"  junior  high  school  in  Berkeley,  Calif.,  stated: 

The  Garfield  experience  to  date  supports  forcefully  at  least  one 
conclusion:  successful  integration  requires  much  more  than  re- 
districting,  much  more  than  feeding  Negroes  and  whites  into  the 
same  school.  Great  efforts  must  be  made  to  anticipate  frictions, 
provide  flexible  and  motivated  staff,  and  prepare  all  students  for 
the  new  experience  to  come.^*° 

School  systems  which  have  desegregated  their  schools  have  recognized 
the  importance  of  maintaining  a  positive  interracial  climate.  When 
middle  class  white  students  entered  West  Campus  Junior  High  School  in 
Berkeley,  formerly  a  predominantly  Negro  school,  they  were  met  by 
a  teaching  staff  which  included  white  and  Negro  teachers  who  were  well 
trained  and  highly  motivated  to  make  desegregation  work.  The  staff 
held  orientation  sessions  with  white  and  Negro  student  leaders  prior  to 
the  opening  of  school,  sponsored  numerous  clubs  and  other  extracur- 
ricular activities  open  to  students  of  both  races,  and  accepted  responsi- 
bility for  firm  and  consistent  discipline  throughout  the  school.^^" 

In  some  cities  it  was  felt  that  adding  Negro  teachers  to  the  faculties 
of  previously  white  schools  might  facilitate  interracial  student  associa- 
tion.^^^  In  New  York  City,  the  school  system,  electing  to  bus  Negro 
children  to  a  majority-white  school,  arranged  to  have  white  parents  and 
teachers  welcome  Negro  parents  and  children  to  the  school;  white  and 
Negro  parents  attended  parents'  meetings  in  both  Negro  and  white 
neighborhoods.^^-  Berkeley  has  "student-teacher  concern"  boards,  which 
receive  student  grievances,  discuss  the  situation,  and  make  recommenda- 
tions to  the  principal.^^^    These  boards  operate  as  safety  valve  devices. 

In  some  cities  the  task  of  reducing  tensions  was  looked  upon  as  a  com- 
munity-wide responsibility.  In  Kansas  City,  Mo.,  a  group  of  women 
formed  a  special  council  through  which  parents,  ministers,  and  represent- 
atives of  various  community  groups  discussed  with  school  officials  the 


'^^  See  app.  C-1 ,  Tables  6.1,  6.2.     Whites  also  are  adversely  affected.     8.12. 

^'' OE  Survey,  A^^ ■ 

^^°  Id.  at  477-478. 

^^^  Under  Philadelphia's  volunteer  teacher  transfer  program,  for  example,  15  schools 
with  all-white  faculties  received  Negro  transfer  teachers  in  the  1965—66  school  year. 
School  district  of  Philadelphia,  Progress  Report  on  Integration  in  the  Philadelphia 
Public  Schools,  [3  March  1966].  The  purpose  of  the  program  is  to  provide  that  "stu- 
dents of  today,  who  will  be  the  leaders  of  tomorrow,  have  opportunity  to  know  and 
work  with  competent,  experienced,  understanding  teachers  of  different  racial  and 
ethnic  backgrounds."  Report  of  the  Special  Committee  on  Nondiscrimination  of  the 
Board  of  Public  Education  of  Philadelphia,  Pa.,  177  (July  23,  1964). 

'^=U.S.  Commission  on  Civil  Rights,  Teachers  Conference,  19-20  (Oct.  18,  1966, 
original  transcript  of  proceedings  [Hereinafter  cited  as  Teachers  Conference]). 

^''Id.at  11. 

158 


problems  involved  in  helping  students  adjust  from  segregated  grade 
schools  to  desegregated  high  schools.^^^ 

Another  contribution  to  interracial  understanding  has  been  the  in- 
troduction of  multiracial  curriculum  materials.  Integrated  teaching 
materials  often  are  used  in  newly  desegregated  schools.  For  example,  in 
Syracuse,  an  integrated  basic  reader  is  used  in  all  elementary  schools.  In 
addition,  the  history  of  Negro  Americans  has  been  incorporated  into 
the  regular  curriculum  for  the  1966-67  school  year  at  all  grade  levels.^^^ 
The  Berkeley  schools  have  published  a  book  based  on  the  experiences  of 
minority  children  participating  in  an  all-day  field  trip.^^"  In  other 
school  systems  teachers  developed  their  own  biracial  materials  when  the 
school  system  did  not  provide  such  materials  or  where,  though  provided 
by  the  system,  the  materials  were  judged  inadequate.^^^ 

Maintenance  of  Educational  Standards 

Educators  and  parents  have  pointed  out  that  school  desegregation  can 
be  of  benefit  not  only  to  Negro  children  but  to  white  children  as  well.  As 
William  Rock  put  it  at  the  Commission's  Rochester  hearing,  "Hopefully 
when  these  [desegregated  white]  children  are  adults,  they  will  not  be 
among  those  who  tell  us  that  they  do  not  like  Negroes  and  that  they  do 
not  want  their  children  to  talk  with  or  associate  with  Negro  children."  ^^^ 
A  Negro  parent  at  the  same  hearing  pointed  out  that  "It  is  .  .  .  fine  for 
a  .  .  .  non-prejudiced  white  parent  to  say  to  their  child,  'Negro  children 
are  just  as  good  as  you  are'  .  .  .  [but]  I  would  imagine  they  are  thinking, 
'well,  where  are  they?  How  come  they  don't  live  next  door  to  us?  How 
come  they  don't  attend  schools  with  us?'  "  "'^ 

There  are  important  educational  values  inherent  in  the  development  of 
a  realistic,  unprejudiced  view  of  the  world  in  which  one  lives  and  works. 
Such  a  view  requires  the  ability  to  relate  realistically  and  without  distor- 
tion to  human  beings  who  constitute  a  substantial  segment  of  one's  own 
society.  A  Negro  parent  at  the  Rochester  hearing  said,  "Education 
in  my  opinion  is  preparing  yourself  to  live  and  work  in  the  world,  and  in 
this  respect  your  education  is  definitely  lacking  if  you  are  not  being  pre- 
pared to  live  and  work  with  all  types  of  people."  ^*^° 


'''  Ibid. 

'^  Stout  Study,  V-60. 

^  Berkeley  Unified  School  District,  On  the  Go — Boys  and  Girls  Exploring  the 
San  Francisco  Bay  Area  (1966).  Photographs  taken  on  the  trip  were  posted  and 
the  children's  responses  to  them  constitute  the  core  of  the  book's  text. 

^  Stout  Study,  11-33.  Teachers  in  Greenblirgh  No.  8  made  their  own  social  studies 
textbooks,  using  old  copies  of  Ebony  magazine  to  supplement  the  regular  textbooks. 

^  Rochester  Hearing  at  208. 

^^/rf.  at  266-267. 

"^ Id.  at267. 

159 


Earle  Helmer,  Superintendent  of  Schools  in  West  Irondequoit,  N.Y., 
asked  at  the  Rochester  hearing  whether  the  white  children  in  the  school 
benefited  from  the  busing  program,  replied : 

.  .  .  [I]f  we  look  at  the  reports  that  are  available  from  outstanding 
educational  leaders  .  .  .  there  could  be  little  doubt  about  it  that 
this  is  not  only  educationally  sound  for  the  youngsters  coming  into 
the  district,  but  it  is  educationally  sound  and  enriching  for  the 
youngsters  who  are  already  in  the  district  .  .  .  [and]  these  young- 
sters are  having  some  experience  because  of  the  interaction  with 
inner-city  children  that  they  would  be  denied  otherwise.^''^ 

Some  parents  and  educators  concede  these  |X)tential  benefits  but  are 
concerned  that  school  desegregation  may  impair  the  academic  achieve- 
ment of  white  students. 

In  the  preceding  chapter  it  was  shown  that  differences  in  the  social  class 
level  of  schools  can  affect  the  achievement  of  both  Negro  and  white  stu- 
dents. Table  2 — based  on  further  analysis  of  the  survey  data — shows 
that  the  achievement  of  white  students  in  classes  which  are  roughly  half 
or  more  than  half  white  is  no  different  from  that  of  similarly  situated 
students  in  all-white  classes. ^"^ 

Administrators  in  school  systems  which  have  desegregated  their  schools 
report  that  there  is  no  evidence  that  white  students  have  suffered  aca- 
demically. In  White  Plains,  N.Y.,  for  example,  although  some  white 
parents  feared  that  desegregation  would  cause  their  children  to  fall 


Table   2. — Performance  of  12th-grade  white  students  in  all-  and  majority-white 

classrooms 


Proportion  white  class- 

School average:  Parents'  education 

mates  last  year 

Individual's  parents'  education 

More  than 

All 

half 

I 

II 

Less  than  high  school 

Less  than  high  school 

10.3 

10.1 

graduate  (low). 

graduate  (low). 

High  school  graduate  or 

11.3 

1L4 

more  (high). 

High  school  graduate 

Less  than  high  school 

11.  1 

10.9 

(medium). 

graduate  (low). 

High  school  graduate  or 

12.2 

12.2 

more  (higti). 

At  least  some  college 

Less  than  Mgh  school 

12.3 

12.  1 

(high). 

graduate  (low). 

High  school  graduate  or 

12.8 

12.9 

more  (high). 

SOURCE  :  USOCR  analysis  of  OE  Survey  data.     See  App.  CI. 


""/d.  at  239-240. 

"=■  See  app.  C-1 ,  tables  8.0-8.12  at  134-42. 


160 


behind  academically,  the  superintendent  reported  that  the  continued 
progress  of  the  children  soon  allayed  their  fears. "^ 

Many  educators  nevertheless  stress  the  need  to  combine  school  desegre- 
gation with  improvements  in  the  quality  of  education  for  all  students. 
Neil  Sullivan,  the  Berkeley  Superintendent,  has  written : 

Desegregation  must  be  combined  with  a  general  program  of 
educational  improvement  .  .  .  [large]  segments  of  our  communi- 
ties, unconvinced  of  the  educational  necessity  for  integration,  must 
be  shown  that  the  new  program  is  in  the  best  interests  of  all 
children. 1-'^ 

Several  school  systems  have  accompanied  school  desegregation  meas- 
ures with  steps  to  improve  educational  standards  in  the  desegregated 
schools.  In  desegregating  its  three  junior  high  schools,  Berkeley  reduced 
the  pupil-teacher  ratio  in  all  three  schools:  the  lowest  ratio  was  estab- 
lished in  what  was  formerly  the  only  predominantly  Negro  school.^*^^ 

In  a  number  of  other  communities  apprehension  about  the  possible 
lowering  of  educational  standards  was  the  central  point  of  opposition  to 
school  desegregation.  To  meet  such  fears  school  districts  sometimes 
have  established  desegregated  schools  as  demonstration  or  experimental 
schools.  In  Xenia,  Ohio,  for  example,  an  all-Negro  elementary  school 
was  closed  in  1964  and  converted  into  a  demonstration  school.  The 
school  is  supported  by  a  $250,000  grant  which  enables  it  to  employ  new 
educational  techniques.  A  cross-section  of  children  in  the  community 
attend  the  school.  Asked  if  the  plan  might  fail  because  of  the  fears  of 
white  parents  concerning  the  quality  of  the  school,  the  school  super- 
intendent replied : 

Not  at  all.  .  .  .  Remember  everyone  attending  this  school  wants 
to  be  here.  It's  the  city's  prestige  school.  Kind  of  a  status 
symbol.^*' *^ 

Avoidance  of  Racial  Isolation  Within  the  Desegregated  School 

Although  the  academic  achievement  of  Negro  students  is  likely  to 
increase  when  they  attend  racially  desegregated  schools,  such  desegrega- 
tion does  not  usually  entirely  eliminate  the  achievement  gap,  particularly 
for  disadvantaged  children. '*''  The  explanation  may  lie  in  the  residual 
effects  of  previous  experience  in  racially  isolated  schools,  the  effects  of 
poverty,  or  both. 

If,  in  a  newly  desegregated  school,  children  attending  the  same  grade 
are  grouped  in  separate  classrooms  on  the  basis  of  their  achievement 
level,  the  result  may  be  the  establishment  of  racially  isolated  classrooms 

^'^  Staff  telephone  interview  with  Supt.  Carroll  Johnson,  Jan.  4,  1967. 

''' A  pp.  D-2-5  at  287. 

^^  Stout  Study,  YU-l\2. 

^^  School  Management,  at92-93  (October  1966). 

'"  See,  for  example,  App.  C-1 ,  Table  4.4,  at  70-71. 


161 


within  the  nominally  desegregated  school.  Data  from  Commission 
studies  show  that  many  Negro  students  who  attend  majority-white  schools 
in  fact  are  in  majority-Negro  classrooms.  These  students  generally 
perform  at  the  same  levels  as  Negro  students  in  majority-Negro  schools.^®' 
Some  school  systems  have  devised  measures  to  meet  this  problem.  In 
White  Plains,  N.Y.,  for  example,  students  are  grouped  pursuant  to  a 
poHcy  of  planned  heterogeneity.  Each  class  has  a  wide  range  of  ability 
levels  as  well  as  a  balance  of  races,  sexes,  and  social  class."^ 

Remedial  Assistance 

The  foregoing  discussion  is  not  intended  to  assess  the  value  of  abiUty 
grouping  per  se.  While  it  is  possible  in  some  cases,  by  avoiding  rigid 
ability  grouping,  to  forestall  racial  isolation  within  the  nominally  desegre- 
gated school,  the  root  of  the  problem  is  continued  academic  disadvantage. 
Several  school  systems  have  instituted  remedial  services  designed  to  meet 
this  problem. 

Many  Negro  children  attending  desegregated  schools  are  able  to  com- 
pete successfully  without  special  help.^'"  However,  in  desegregated 
schools  with  disadvantaged  Negro  pupils,  it  often  has  been  found  that 
supportive  services  are  needed.  Such  services  include  tutoring  programs, 
reduced  class  size,  increased  teaching  staff,  and  teachers'  aides.^'^  All  of 
these  measures  enable  teachers  to  devote  more  time  to  the  needs  of  indi- 
vidual children.^'-     In  addition,  efforts  also  have  been  made  to  improve 


""  Stout  Study,  VIII-54-55;  VII-173  Supra.  For  performance  levels  see  App.  C-1, 
Tables  5.1,  5.2,  and  5.3,  at  86-88. 

^"^  The  assignment  of  pupils  to  classrooms  follows  the  principle  known  as  the  "good 
working  group"  policy.  {Stout  Study,  1-18-19.)  White  Plains  Superintendent  Car- 
roll Johnson  has  said  that  the  "good  working  group"  policy  includes  a  racial  balance 
in  most  classes.  Staff  telephone  interview  with  Superintendent  Carroll  Johnson, 
Jan.  4,  1967. 

""  Dr.  Charles  Brown,  superintendent  of  the  Newton,  Mass.,  public  schools,  testified 
that  it  was  not  necessary  to  provide  additional  services  for  the  Negro  children  bused 
in  from  Boston:  "These  youngsters  may  or  may  not  have  .  .  .  educational  problems. 
The  teachers  reported  to  us  that  they  represent  much  of  the  same  spread  of  problems 
that  they  have  faced  in  the  past  and  any  attention  they  receive  as  individuals  will 
be  a  reflection  of  the  total  range  of  specialized  programs  that  we  have  [and]  which 
we  are  going  to  add  to  in  the  future  ...  to  improve  the  total  school  system." 
Boston  Hearing  at  364. 

"^  The  Teaneck  school  system  developed  a  new  program  in  1965  to  identify  in- 
dividual reading  problems.  Stout  Study,  VI-35;  the  Tutorial  and  One-For-One  Pro- 
grams developed  in  Englewood  provide  help  and  attempt  to  stimulate  motivation. 
Supra  VIII-67,  77-78;  supportive  services  in  Berkeley  schools  include  teacher  aides; 
remedial  reading  programs  and  reduction  of  class  size  in  English  in  lower  tracks  in 
secondary  schools.     S'uj&ra  VII-133,  140;  152. 

"="  White  Plains  Public  Schools,  Project  Able  1961-66  at  4  (July  15,  1966). 
One  of  the  stated  goals  of  White  Plains'  Project  Able  is  to  provide  individualized 
instruction  through  the  use  of  volunteers.  See  also:  Greenbui^h  School  District  No. 
8,  Project  Able,  Summary  and  Evaluation  of  5-Year  Program  at  21-22  (July  1, 
1966). 

162 


the  sensitivity  of  teachers  to  the  learning  problems  of  Negro  children 
through  in-service  training/" 

Such  programs  operate  in  a  number  of  cities  studied  by  the  Commis- 
sion, including  Berkeley,  Englewood,  Teaneck,  Syracuse,  White  Plains, 
and  Greenburgh  No.  8.  Administrators  in  these  cities  believe  that  such 
programs  will  prove  successful.  The  programs,  however,  are  a  recent 
phenomenon,  and  evaluations  are  not  complete.  In  Greenburgh  No. 
8,  where  the  program  has  been  in  progress  for  four  years,  recent  results 
suggest  that  the  combination  of  remedial  assistance  and  desegregation 
will  improve  student  achievement.^"* 


Plans  and  Proposals 


In  small  communities,  school  desegregation  plans  creating  schools  de- 
signed to  serve  a  broad  spectrum  of  the  community  have  been  imple- 
mented. The  plans  are  regarded  by  educators  in  these  communities  as 
educationally  beneficial,  and  they  have  met  with  community  acceptance. 
In  large  cities,  the  problems  involved  in  establishing  desegregated  schools 
to  serve  a  wider  community  are  more  complex.  Nevertheless,  plans  and 
proposals  for  schools  of  this  kind  have  been  developed. 

The  proposals  have  two  basic  features  in  common.  They  would 
broaden  school  attendance  areas  to  assure  a  more  heterogeneous  school 
population,  and  they  would  improve  substantially  the  quality  of  edu- 
cation. Those  proposals  which  are  discussed  here  fall  into  three  cate- 
gories: supplementary  centers  and  magnet  schools,  education  com- 
plexes, and  education  parks. 

Supplementary  Centers  and  Magnet  Schools 

Proposals  for  supplementary  centers  and  magnet  schools  would  estab- 
lish specialized  school  programs  either  in  existing  schools  or  in  new  fa- 
cilities.    Students  from  all  or  many  parts  of  the  city  would  attend,  usually 

"^  See,  for  example,  Greenburgh  Evaluation,  supra  note  172,  at  1,  2.  See  also 
Stout  Study,  at  VII-161 ;  VIII-80 ;  VI-36. 

^'*  The  Greenburgh  evaluation  found  that  the  third  experimental  group  showed 
greater  gains  at  the  end  of  first  grade,  after  2  years  of  the  program,  than  the  two 
previous  experimental  groups  as  well  as  the  controls.  The  first  group  had  been  largely 
Negro.  The  third  included  more  white  children.  It  was  felt  that  the  aspirations 
and  attitudes  of  teachers,  children,  and  parents  had  improved.  The  evaluation  did 
not  attempt  to  assess  which  single  factor  contributed  most  to  greater  achievement. 
Greenburgh  Evaluation,  op.  cit.  supra  note  172  at  1-3,  7,  20-23.  The  White 
Plains  evaluation  found:  "A  review  of  the  scores  shows  that  some  individual  children 
in  both  Able  and  Control  Groups  have  made  tremendous  gains.  .  .  .  Others  have 
shown  a  marked  loss."  The  evaluation  then  goes  on  to  say:  "At  this  point  it  cannot 
be  claimed  that  Project  Able  has  had  a  marked  effect  on  achievement.  .  .  .  Too  little 
time  has  elapsed  to  know  what  the  effect  may  ultimately  be."  White  Plains  Evalua- 
tion, op.  cit.  supra  note  172  at  34. 

163 


on  a  part-time  basis.  By  providing  education  of  better  quality  and  by 
drawing  students  from  a  large  area,  the  proponents  hope  to  stem  the 
movement  of  white  families  to  suburbs  and  to  maintain  such  centers 
as  institutions  desegregated  by  race  and  social  class.^'^ 

Supplementary  Centers 

Plans  for  supplementary  centers  would  provide  a  portion  of  a  child^s 
education  at  the  center.  Depending  on  the  plan,  a  child  might  spend 
as  much  time  as  two  days  a  week  or  as  little  time  as  a  few  days  each  year 
at  this  institution. 

In  1965  Mount  Vernon,  N.Y.,  developed  plans  for  a  "Children's 
Academy."  ^'^  The  facility  would  be  designed  to  reduce  racial  imbal- 
ance and,  by  improving  the  quality  of  education,  retain  middle-class  stu- 
dents in  the  schools. ^^'  Six  thousand  to  6,500  children  in  the  elementary 
grades  would  spend  40  percent  of  their  time  at  the  academy.^^^  The 
course  work  would  be  so  organized  that  children  would  attend  classes 
without  regard  to  age  or  grade  level  and  would  be  grouped  on  the  basis 
of  interest,  need,  and  ability.^'^  The  program  would  supplement  the 
basic  academic  skills  taught  in  the  neighborhood  schools.^*"  Economies 
of  time  made  possible  by  the  central  facilities  would  enable  the  classwork 
to  be  handled  by  subject  specialists  to  a  greater  extent  than  at  present.^*^ 

Cleveland,  Ohio,  recently  began  operating  a  supplementary  center.^*^ 
The  center  provides  special  educational  programs  for  the  14,000  sixth- 
grade  students  in  the  city's  public  and  parochial  schools.  Each  day  about 
300  children  attend.  They  are  selected  so  that  the  student  body  in  the 
center  is  racially  integrated.^^^ 

Each  class  remains  intact  with  its  teacher,  but  is  combined  with  other 
classes  for  various  activities.  The  areas  of  study  include  local  history, 
science,  and  the  space  age ;  each  day  ends  with  a  concert  attended  by  all 
children.  It  is  estimated  that  each  sixth-grade  student  will  attend  about 
four  times  a  year.     Under  present  plans,  this  center  will  serve  as  a  pro- 

"®  Board  of  Education,  Mount  Vemon,  N.Y.,  A  New  Concept  in  School  Organi- 
zation: The  Children's  Academy  at  22-23  (undated  brochure).  "If  to  keep 
families  in  the  city  will  require  schools  to  be  superior  to  those  in  the  suburbs,  then 
Mount  Vernon  has  an  answer:  The  Children's  Academy  in  the  City."  See  also 
National  Conference  on  Education  of  the  Disadvantaged,  Special  Session,  Innova- 
tive Projects  for  Increasing  Quality  Education  and  Promoting  Integration  at  9. 
"As  a  result  [of  Portland's  model  school  program],  it  is  anticipated  that  the  trend 
of  middle-class  white  out-migration  .   .   .  will  be  halted  .  .   .   ." 

"*  Board  of  Education,  Mount  Vemon,  N.Y.,  op.  cit.  supra  note  1 75  at  4. 

'"/cf.  at  4,  5,  22,  23. 

"*  Interview  with  Dr.  Alfred  Fronko,  director  of  community-school  relations. 
Mount  Vernon  Public  Schools,  Oct.  17,  1966. 

™  Board  of  Education,  Mount  Vemon,  N.Y.,  op.  cit.  supra  note  175  at  9,  14. 

""/rf.  atl4. 

"^7rf.atl2. 

^^  Interview  with  Donald  Quick,  director  of  Supplementary  Education  Center, 
Cleveland  Public  Schools  (October  1966). 

'«'  Ibid. 


164 


J 


totype  for  a  larger  facility  serving  many  more  children  and  offering 
greater  program  diversity.^^* 

Magnet  Schools 

Magnet  schools  which  offer  specialized  courses  designed  to  attract 
white  as  well  as  Negro  students  constitute  a  variation  of  the  specialized 
high  schools  found  in  many  of  the  Nation's  cities,  such  as  Bronx  Science 
in  New  York  and  Boston  Latin  in  Boston. 

Philadelphia  has  begun  a  program  providing  for  magnet  schools/^^ 
financed  in  part  with  Federal  funds.  When  fully  implemented,  three 
senior  high  schools  will  have  sp>ecial  academic  programs.  Each  school 
will  have  one  area  of  specialization :  commerce  and  business,  space  and 
aeronautical  science,  or  government  and  human  service. ^^'^ 

In  addition,  two  desegregated  middle  schools  serving  grades  5  through 
8  have  been  proposed;  each  will  stress  individualized  instruction,  in- 
novations in  teaching,  and  the  flexible  grouping  of  students.  Four 
elementary  schools  will  have  intensive  programs  in  reading  and  science, 
again  stressing  individual  attention  for  students.^®'  School  officials 
view  the  middle  and  elementary  magnet  schools  as  a  means  of  retaining 
a  racial  balance  in  the  student  population  by  providing  superior 
education.^®* 

Los  Angeles,  Calif.,  plans  to  convert  three  senior  high  schools  and 
four  junior  high  schools  into  magnet  schools.^*^  The  schools  are  located 
relatively  near  each  other  in  an  area  of  racial  transition.  One 
special  center  will  be  installed  in  each  school,  offering  intensive  instruc- 
tion in  one  or  more  advanced  curriculum  areas,  such  as  data  processing, 
foreign  languages,  and  advanced  mathematics.  Enrollment  will  be 
voluntary.  A  student  who  elects  to  participate  in  the  program  will  attend 
his  neighborhood  school  for  part  of  the  school  day  and  be  transported 
to  the  magnet  center  for  his  special  course  work.  While  the  magnet 
schools  initially  will  serve  only  students  living  in  the  attendance  areas 
of  the  magnet  schools,  school  officials  have  indicated  that  after  the  pro- 


^^  Ibid.;  Cleveland  Public  Schools,  Cleveland,  Ohio,  Supplementary  Educational 
Center  (undated  brochure).  The  prototype  will  serve  as  a  center  for  approximately 
2  years.  A  permanent  center  will  be  designed  during  the  prototype  operation  to 
accommodate  thousands  of  students  daily  in  the  downtown  area. 

^^  The  program  began  in  September  1966  at  3  elementary,  2  middle  and  3  high 
schools.  (New  York  Times,  34,  January  11,  1967.)  For  a  description  of  the  Plan- 
ning Project  and  the  use  of  Federal  funds,  see  U.S.  Office  of  Education,  Pacesetters 
in  Education:  Descriptions  of  First  Projects  Approved  Title  III,  Elementary  and 
Secondary  Education  Act  of  1965  at  85  (February  1966). 

^'^  Interview  with  David  Horowitz,  Associate  Superintendent  in  charge  of  planning, 
Philadelphia  Public  Schools,  Oct.  17,  1966. 

'^  Ibid. 

^^^  "The  Board  of  Education  Reports  on  Schools  for  a  Greater  Philadelphia,"  Sup- 
plement of  The  Philadelphia  Inquirer,  5-6   (Apr.  3,  1966). 

'*  U.S.  Office  of  Education,  Projects  Approved  Under  Title  III  Elementary  and 
Secondary  Education  Act:  September  1,  1966  Deadline,  2  (Nov.  14,  1966). 

165 

243-637   O  -  67  -  12 


gram  is  in  operation  children  from  elsewhere  in  the  city  will  be  encour- 
aged to  take  special  courses  at  the  magnet  schools/^"  | 

While  supplementary  centers  and  magnet  schools  provide  advantages 
over  traditional  school  arrangements  in  achieving  a  degree  of  school 
desegregation,  each  device  has  limitations.  Supplementary  centers  draw 
students  only  on  an  intermittent  basis  and  often  may  not  afford  a  sub- 
stantial and  extended  experience  in  a  desegregated  setting.  Magnet 
schools  depend  upon  student  choice  and  are  limited  by  available  space. 
In  both  cases,  the  regular  schools  in  the  system  remain  relatively 
unaffected. 

Education  Complexes 

Proposals  for  education  complexes  would  broaden  attendance  areas 
by  grouping  existing  schools  and  consolidating  their  attendance  zones. 
The  clusters  might  then  draw  a  more  racially  and  socially  heterogeneous 
student  body.  Specialized  teachers  and  facilities  could  be  made  avail- 
able to  more  students. 

The  only  fully  developed  proposal  for  a  system  of  education  com- 
plexes known  is  a  comprehensive  plan  for  the  New  York  City  pubUc 
schools  designed  by  the  Center  for  Urban  Education  in  New  York  at  the 
request  of  the  State  Commissioner  of  Education.^®^  This  proposal  would 
create  complexes  for  the  entire  city.  Each  would  serve  almost  6,000 
students,  about  two-thirds  in  the  lower  and  middle  elementary  school 
grades,  and  the  remainder  in  the  upper  elementary  and  junior  high 
school  grades. ^^- 

Each  complex  would  consist  of  two  to  eight  elementary  schools,  all  feed- 
ing one  to  three  middle  or  junior  high  schools.  Complexes  might  be 
arranged  so  that  all  elementary  schools  would  be  within  approximately 
20  minutes  by  bus  from  each  other.  ^^^  As  in  the  magnet  schools  and 
supplementary  centers,  dividends  in  educational  quahty  would  arise 
from  the  more  specialized  services  which  the  complexes  would  be  able 
to  offer  students.  The  proposal  stated,  "The  complex  can  make  scarce 
faciUties  available  to  more  children."  ^^*  Presently,  the  proponents 
suggest,  the  critical  resources  of  education — such  as  guidance  counselors, 
special  teachers,  and  research — may  be  diffused  thinly  and  unevenly 
throughout  school  systems."^ 


""  Staff  interview  with  Dr.  Henry  Handler,  Los  Angeles  Unified  School  District 
(Oct.  17,1966). 

"^  Dentler,  et  al.,  "The  Education  Complex  Study  Project,"  in  Integrated  Edu- 
cation, 21-30  (June-July,  1965).     See  also:  Allen  Report,  18-20. 

'^Dentler,  op.  cit.  supra  note  191,  at  27. 

'"'Id.  at  27,  22. 

'"*  Id.  at  23.  Individual  schools  lacking  adequate  play  space  or  equipment,  for 
example,  could  share  the  more  adequate  facilities  of  other  schools  in  the  system. 
Auditorium,  gymnasium,  special  project,  art  and  music,  and  diagnostic  service  space 
are  all  unevenly  distributed  at  present. 

'«« Ibid. 

166 


In  the  complex,  it  is  suggested,  a  broad  range  of  specially  trained 
teachers  could  be  utilized  efficiently  to  meet  a  greater  variety  of  student 
needs. 

[TJeachers  may  be  "pooled"  administratively  so  that  the  best 
ways  of  combining  their  time  and  skills,  whether  through  sharing 
of  common  classes  or  exchanges  of  students  or  in  other  ways,  can 
be  employed.  .  .  .  Teacher  exchanges  can  make  teaching  in- 
novations more  feasible  and  less  costly.  Teachers  with  unique 
skills  can  increase  their  impact  on  students  by  periodic  release  from 
the  confines  of  a  single  class  within  a  single  school.  The  same 
principle  applies  to  special  and  remedial  teachers. ^^*^ 

The  authors  point  out  that  special  classes  could  be  established  in  the 
component  schools,  each  class  centering  on  a  particular  subject  area  or 
upon  a  group  of  students  with  special  abilities,  interests,  or  problems. 
The  central  facility,  the  middle  school,  could  contain  even  more  special- 
ized services.  It  would  offer  supplementary  training  for  teachers  and 
house  the  administration  and  facilities  for  research  and  social  services.^®^ 

The  authors  believe  the  complexes  would  permit  decentralized  ad- 
ministration, since  each  cluster  of  schools  could  function  as  a  relatively 
independent  organizational  unit.  It  is  felt  that  this  would  promote  orga- 
nizational efficiency  and  faciUtate  the  involvement  of  parents.  The  au- 
thors also  suggest  that  by  offering  better  education  to  students  and 
improving  teaching  conditions,  the  complexes  might  help  retain  good 
teachers  and  middle-class  children  in  the  city  public  schools.  They 
conclude  that  in  New  York,  although  they  would  not  eUminate  segrega- 
tion, in  concert  with  other  changes,  they  would  have  a  significant  effect. 
In  other  smaller  cities  this  plan  might  have  an  even  broader  impact.^^^ 

Education  Parks 

Plans  for  education  parks  embody  an  idea  similar  to  the  concept  of 
the  complexes.  Expanded  attendance  areas  would  be  combined  with 
centralized  facilities  to  achieve  racial  desegregation  and  improve  the 
quality  of  education.  In  recent  years  these  proposals  have  received  con- 
siderable attention  from  city  school  systems  and  educators. 

There  are  two  important  differences  between  education  park  pro- 
posals and  the  proposal  for  education  complexes.  First,  the  parks 
would  be  new  facilities  consolidating  a  range  of  grade  levels  on  a  single 


"^  Ibid. 

"^Ibid. 

"'  Id.  at  22-24.  The  complex  proposal  in  New  York  City  does  not  provide  full 
desegregation  in  the  elementary  schools.  Full  desegregation  was  discussed  only 
for  the  middle  grades.  This  is  not  an  inherent  limitation.  Other  communities  could 
extend  the  concept  so  that  the  elementary  schools  would  be  required  to  desegregate 
as  well. 

167 


Illustration  3.  Syracuse  Campus  Plan 


THE  31  ELEMENTARY  SCHOOLS  WOULD  BE  CLOSED 
AND  ALL  STUDENTS  WOULD  ATTEND  ONE  OF  FOUR  EDUCATIONAL 
CENTERS. 


O   REFERS  TO  CORE  CENTER 
Q   REFERS  TO  SCHOOLS 

*  THE  NORTH  SITE  HAS  NOT  YET  BEEN  SELECTED 


campus  or  site.    Second,  some  proposals  for  education  parks  also  would 
draw  students  from  other  jurisdictions. 

An  example  of  a  city  which  plans  an  education  park  system  is  Syra- 
cuse, N.Y.  Syracuse,  a  city  of  216,000  population,^"^  which  has  deseg- 
regated its  secondary  schools,  has  begun  planning  education  parks  to 
house  elementary  school  students.  As  Illustration  3  shows,  four  parks, 
each  containing  five  buildings  for  elementary  classrooms  and  one  cen- 
tral school  for  specialized  services  and  facilities,  would  be  located  on  the 


USCCR  Staff  Report:  Rochester  and  Syracuse,  45. 


168 


outer  edges  of  the  city.    Each  would  accommodate  approximately  5,000 
elementary  students.-°° 

The  purpose  of  the  Syracuse  park  plan  is  to  improve  the  quaUty  of 
education  for  all  elementary  children  as  well  as  to  achieve  desegrega- 
tion. At  a  Commission  hearing  Dr.  Barry,  the  Syracuse  superintendent, 
described  his  reasoning : 

I  was  bom  not  too  far  from  Syracuse  in  a  very  small  rural  com- 
munity. And  back  then  it  was  the  desire  of  every  teacher,  every- 
body, to  somehow  head  for  Syracuse  .  .  .  [it]  was  the  hallmark 
of  achievement  to  be  selected  to  teach  in  Syracuse. 

The  tax  base  was  expanding  and  growing,  industry  was  moving 
into  the  city  .  .  .  and  then  somehow  .  .  .  everything  has  gotten 
old  in  the  city  and  tarnished  a  bit.  The  sewers  are  old,  the  streets 
are  old,  the  city  halls  are  old  and  the  schools  are  old.  I  don't  be- 
lieve that  ...  a  school  that  looks  like  a  suburban  school  with 
some  stone  work  on  it  ...  is  going  to  keep  people  in  a  city.^°^ 

Only  education  of  consistently  high  quality,  he  maintained,  could  recreate 
educational  excellence  in  his  city. 

We'd  like  to  have  this  so  it  is  not  only  pretty  with  trees  where 
kids  could  look  at  it,  but  inside  would  be  the  best  bang-up  pro- 
grams in  education  in  the  United  States  of  America.  .  .  .-°- 

Syracuse  school  officials  believe  the  parks  would  enable  all  students 
to  receive  greater  individual  attention.  Concentration  of  school  re- 
sources in  their  view  will  permit  more  counseling,  greater  flexibiUty  in 
grouping  students  for  learning,  and  more  efficient  use  of  the  abilities 
of  individual  teachers.^"^ 

Size,  Location,  and  Organization 

Education  park  proposals  thus  far  generally  contemplate  a  grouping 
of  several  racially  desegregated  schools  serving  a  student  population 
which  may  range  from  5,000  to  30,000.  The  proposals  vary  with  re- 
spect to  such  factors  as  appropriate  size,  grade  organization,  and  popu- 
lation to  be  served. 

One  plan,  appropriate  for  smaller  cities,  would  assemble  on  one  cam- 
pus all  schools — elementary,  junior,  and  senior  high — and  all  students  in 
the  community.  Another  proposed  form  of  organization  for  larger  cities 
would  be  to  assemble  in  one  park  all  of  the  school  facilities  at  a  particular 
level — for  example,  all  of  the  middle  schools  or  high  schools.  Other  plans 
for  larger  cities  contemplate  a  park  which  would  be  of  comparable  size — 


-°"  City  School  District,  Syracuse,  N.Y.,  Application  for  a  Federal  Grant  To  Plan  a 
Supplementary  Educational  Center  and  Services,  8-9  (May  26,  1966).  [Hereinafter 
cited  as  HEW  Application  Syracuse.] 

""'  Rochester  Hearing,  at  462. 
.  '""-  Id.  at  463. 

°*' Research  Department,  City  School  District,  Syracuse,  N.Y.,  Research  Report 
No.  9-66  (first  draft),  3-5  (Feb.  23,  1966). 

169 


assembling  two  or  three  elementary,  junior,  and  senior  high  schools —  I 
but  which  would  not  serve  the  entire  city.     The  most  comprehensive 
type  of  proposal  for  large  cities  would  establish  several  parks,  each  serv- 
ing a  different  section  of  a  city  or  a  metropolitan  area.'°* 

Small  Cities 

The  first  type  of  plan — a  single  education  plaza  to  serve  all  children  in 
the  city — is  being  developed  in  East  Orange,  N.J.,  a  small  city  of  77,000 
in  the  Greater  New  York  area."""'  The  schools  of  East  Orange  enroll 
slightly  more  than  10,000  students,  of  whom  69  percent  are  Negro.^"'' 

The  plaza  will  replace  all  existing  schools,  and  education  will  be  of- 
fered from  nursery  school  through  high  school.  The  facilities  will  in- 
clude a  K-4  lower  school,  a  5  to  8  middle  school,  and  a  9  to  12  high 
school.  A  central  building  will  house  offices,  a  library  and  a  cur- 
riculum center.  East  Orange  will  begin  to  build  the  middle  school  in 
early  1967.  Recently  the  city  moved  to  appropriate  funds  to  permit 
the  purchase  of  a  site  for  the  new  plaza. "*^^ 

Berkeley,  Calif.,  a  city  of  about  1 20,000,  has  received  a  Federal  plan- 
ning grant  to  assist  in  the  development  of  a  system  of  education  parks. 
A  12-acre  site,  formerly  naval  project  housing  land,  may  be  acquired  by 
the  district  as  the  site  for  the  first  education  park,  depending  on  the 
outcome  of  a  feasibility  study.^"^ 

Larger  Cities 

The  Board  of  Education  of  the  City  of  New  York  is  studying  plans  for 
an  education  park  similar  in  organization  to  the  parks  planned  in  Berkeley 
and  East  Orange,  but  which  would  serve  only  a  portion  of  the  city.  The 
proposed  park,  located  on  a  30-acre  site,  would  include  four  K-4  schools 
with  a  projected  enrollment  of  2,800  children;  four  5  to  8  middle  schools 
with  an  enrollment  of  3,600  pupils;  and  a  comprehensive  high  school 
to  serve  4,000  pupils.'"^ 

Pittsburgh,  Pa.,  currently  is  planning  an  education  park  system  to 
serve  secondary  school  students.  Five  parks  serving  15,000  to  20,000 
students  will  be  built.  Every  secondary  student  enrolled  in  the  Pitts- 
burgh public  schools  would  attend  one  of  these  parks.     Each  park  would 


'"^App.  D2.1,  at  255-256. 

^°^  The  Board  of  Education,  East  Orange,  N.J.,  The  East  Orange  Education  Plaza 
(undated  brochure) . 

^^  Interview  with  Robert  Seitzer,  superintendent,  East  Orange  Public  Schools, 
January  1967. 

'"^  Office  of  the  Superintendent,  East  Orange,  N.J.,  press  release  at  2.  [Hereinafter 
cited  as  East  Orange  Press  Release.]  The  East  Orange  Education  Plaza,  op.  cit. 
supra  note  205 ;  East  Orange  Votes  for  a  Pilot  School,  New  York  Times,  Nov.  9,  1966. 

^  Letter  from  Neil  V.  Sullivan,  superintendent,  Berkeley  Unified  School  District, 
to  William  L.  Taylor,  Staff  Director,  U.S.  Commission  on  Civil  Rights,  Dec.  13,  1966. 

^  Board  of  Education  of  the  City  of  New  York,  galley  proofs  for  a  publication  on  the 
education  park,  gal.  1 ;  see  also  "Schools  Make  News,"  in  Saturday  Review,  93 
(Nov.  19,1966). 

170 


be  so  located  as  to  draw  a  racially  and  socially  heterogeneous  student 
body.-'" 

Albuquerque,  N.  Mex.,  is  considering  plans  to  enroll  76,000  students, 
including  Mexican-Americans,  Indians,  and  Negroes,  in  its  park  system. 
Four  primary  and  middle  school  education  parks  would  be  built  for 
13,000  to  20,000  children.  After  these  schools  are  completed,  high 
school  centers  would  be  constructed.  The  parks  would  meet  present 
and  projected  school  needs. ^" 

Education  park  proposals  involving  wider  metropolitan  areas  con- 
template establishment  of  a  series  of  parks  or  large  schools  to  serve 
students  from  the  central  city  and  suburban  areas.  Each  park  would  be 
located  to  draw  students  from  both  central  city  and  suburban  areas. 
Such  schools  would  permit  desegregation  which  might  not  otherwise  be 
possible  in  metropolitan  areas  containing  cities  with  majority-Negro 
student  enrollments ;  they  would  provide  desegregated  education  of  high 
quality  to  all  students  served  by  the  park.  A  study  of  the  feasibihty  of 
a  metropolitan  park  system  is  presently  being  conducted  for  the  St. 
Paul,  Minn.,  school  system.  The  study  will  evaluate  the  resources  and 
education  needs  of  St.  Paul  and  the  surrounding  suburban  areas  and  will 
cissess  the  utility  of  a  school  system  serving  all  levels  of  education  in  the 
metropolitan  area."^^ 

Quality  of  Education 

Proposals  to  build  educational  facilities  which  would  serve  as  many 
as  30,000  children  raise  questions  about  the  impact  of  size  upon  the 
education  of  children — questions  also  apphcable  to  the  proposals  for  edu- 
cation complexes.  One  concern  which  has  been  voiced  is  that  educa- 
tion on  such  a  large  scale  might  diminish  the  attention  which  could  be 
devoted  to  the  needs  of  individual  children. 

Educators  who  have  examined  this  question,  however,  agree  that 
while  the  size  of  the  education  parks  may  pose  such  problems,  the  parks 
may  make  possible  new  approaches  to  teaching  and  learning,  difficult 
to  institute  in  smaller  schools,  which  would  provide  greater  individual 
attention  for  each  child's  needs.'^^     The  President's  Science  Advisory 


"'"  Pittsburgh  Public  Schools,  Education  Park,  4-6  (September  1965).  The  system 
plans  to  convert  many  of  the  existing  high  schools  into  middle  schools. 

^'^  Staff  interview  with  Dr.  Robert  Meyers,  Assistant  Superintendent,  Albuquerque 
Public  Schools,  Albuquerque,  N.  Mex.  (Sept.  13,  1966). 

"^  Staff  interview  with  Norma  Jean  Anderson,  St.  Paul  Public  Schools  (December 
1966). 

-'^  City  School  District,  Syracuse,  N.Y.,  Material  for  Title  III  Proposal  on  the 
Syracuse  Campus  Site  Plan,  7  (Mar.  12,  1966).  "Educational  consultants  will  be 
needed  to  insure  that  the  campus  site  plan  through  construction  design  will  offer  the 
highest  degree  of  flexibility  for  the  incorporation  of  nev/,  superior  educational  pro- 
grams and  methods  of  instruction  that  are  available  now."     See  also  App.  D2.2. 

171 


Committee    has   emphasized    the   importance    of   such   individualized 
attention : 

The  number  of  years  in  school,  the  rate  of  progress,  and  the 
material  covered  should  be  determined  by  the  capacities  of  the 
individual  student,  not  by  the  capacities  of  the  average  stu- 
dent.  .   .  .-^* 

This  goal  has  not  been  easy  to  attain.  Schools  traditionally  have  placed 
children  in  grades  with  others  of  the  same  age,  and  have  promoted  them 
at  roughly  the  same  rate.  Yet,  educators  have  pointed  out  that  indi- 
vidual children  come  to  school  with  levels  of  ability  and  interests  which 
may  vary  from  subject  to  subject. "^^ 

Students  of  the  same  age  often  perform  at  substantially  different  levels. 
The  spread  of  student  ability  in  a  given  classroom  may  cover  as  much  as 
four  to  five  grade  levels.  Thus,  a  child  who  is  reading  at  the  fifth-grade 
level,  for  example,  may  be  held  back  in  a  class  where  reading  is  taught  at 
the  third-grade  level.  In  the  same  class,  children  who  cannot  read  at 
the  third-grade  level  may  fall  behind  and  fail  because  the  instruction  is 
not  designed  for  their  needs. ^^'^ 

Because  schools  normally  attempt  to  cover  predetermined  amounts  of 
material  in  predetermined  periods  of  time,  the  problem  of  the  excep- 
tionally able  child  may  not  be  solved  adequately  by  allowing  him  to 
"skip"  a  grade.  The  advancement  could  cause  him  to  miss  an 
important  segment  of  work  which  he  will  need  to  know  in  connection 
with  his  further  education.  At  the  same  time,  John  Goodlad,  pro- 
fessor of  education  at  the  University  of  California,  has  pointed  out,  chil- 
dren who  do  not  keep  pace  in  the  conventional  grade  structure  pay  a 
high  price.  Either  they  are  promoted  in  spite  of  their  difficulties,  and 
thereby  thrust  into  even  greater  difficulty  the  following  term,  or  they  are 
not  promoted.  Children  who  are  not  promoted,  "when  compared  with 
promoted  children  of  equal  past  performance  and  measured  intelligence, 
perform  at  a  somewhat  lower  academic  level,  decline  in  their  social  re- 
lations with  other  children  and  in  their  self-image,  and  lose  interest  in 
school."  '^' 


"*  President's  Science  Advisory  Committee,  quoted  in  Brown,  "The  Nongraded 
School,"  in  The  Revolution  in  the  Schools,  103  (Gross  and  Murphy  ed.  1964). 

^^  App.  D2.2  at  263.  Goodlad  reports  that  educators  have  not  been  successful  in 
achieving  anything  resembling  homogeneous  classes.  Ability  grouping  has  been 
ineffective  since  IQ  scores  are  usually  unreliable.  Achievement  grouping  has  also  been 
ineflFective  because  students  vary  so  much  from  subject  to  subject  or  even  within  a  sub- 
ject. For  example,  a  child  might  be  excellent  in  mathematics  but  poor  in  reading. 
Within  the  subject  of  math  he  may  be  good  in  problem  solving  but  poor  in  computation. 
"We  have  had  little  success  in  achieving  anything  that  could  reasonably  be  called  homo- 
geneous classes.  ...  It  takes  a  very  large  school  population  and  constant  grouping 
and  regrouping  to  bring  together  reasonably  homogeneous  classes  for  each  subject." 

^^  Id.  at  262.  "The  grade  levels  and  graded  expectations  that  have  character- 
ized the  conduct  of  American  education  for  more  than  a  hundred  years  appear  to  be 
out  of  phase  with  today's  conceptions  of  school  function  and  the  growing  body  of 
evidence  about  individual  differences  among  children." 

="  Ibid. 

172 


In  an  attempt  to  deal  with  the  problems  which  traditional  grade  struc- 
tures create,  children  of  similar  overall  achievement  in  a  given  grade 
often  are  placed  in  separate  groups.  Owing  to  the  wide  spread  of  ability 
in  specific  subjects,  however,  educators  have  found  that  it  is  difficult  to 
create  truly  homogeneous  groups."^® 

Some  students  of  the  problem  have  concluded  that  if  more  flexible 
grouping  could  be  provided  and  the  traditional  grade  structure  modified 
or  eliminated,  instruction  would  be  more  likely  to  be  commensurate  with 
the  actual  needs  of  children  rather  than  with  their  age  or  grade  level. 
Goodlad  has  noted  that  such  flexibility  already  has  been  created  in 
some  schools  through  the  use  of  nongraded  classes  and  team  teaching. 
Children  are  organized  into  large  groups.  Each  group  is  then  broken 
down  into  groups  of  varying  size  for  different  activities.  The  latter  are 
determined  not  by  age  or  grade,  but  on  the  basis  of  ability  and  need.  A 
team  of  teachers  is  assigned  to  each  large  group.  Included  in  such  teams 
are  experienced  teachers  with  a  variety  of  skills,  specialists,  less  experienced 
teachers,  and  often  student  teachers.^^^  Working  with  each  other  gives 
teachers  constant  opportunity  to  exchange  ideas  and  evaluations  of  in- 
dividual children.  Nongraded  classes  and  team  teachers  also  enable 
a  teacher  to  give  attention  to  individual  children  while  other  teachers 
work  with  the  larger  group.''" 

The  education  park  is  seen  by  some  educators  as  an  institution  which 
would  offer  a  wider  range  of  possibilities  for  individualized  instruction 
through  nongraded  classes  and  team  teaching  than  is  possible  in  most 
existing  schools.  In  a  small  school  it  may  not  be  feasible  or  economical 
to  deal  with  the  special  problems  or  skills  of  an  individual  child.  In  a 
larger  school,  where  a  greater  number  of  children  may  share  the  same 
problem  or  skill  and  a  larger  number  of  teachers  is  available,  it  may  be 
possible  to  meet  the  needs  of  such  a  child.  The  larger  teaching  staff 
would  enable  the  education  park  to  provide  more  specialists  and  teachers 
with  more  diverse  training  and  interests  to  meet  the  particular  needs 
of  children.  Rather  than  being  locked  into  an  instructional  system  which 
now  too  often  "stereotypes  and  segregates,"  children  would  have 
the  opportunity  to  achieve  based  on  their  capacities  and  needs  in  par- 
ticular subject  matter  areas.^^^ 

Educators  also  have  suggested  that  the  education  park  would  enable 
teachers  to  devote  more  attention  to  the  individual  needs  of  children  by 


-'^'/rf.  at263. 

^»  Id.  at  266-268. 

=^  Id.  at  266. 

'"^  Id.  at  264;  268.  See  also  Berkeley  Unified  School  District,  A  Proposal  for  a 
Planning  Grant  Under  Title  III  Elementary  and  Secondary  Education  Act  of  1965, 
9  (Aug.  5,  1966).  [Hereinafter  cited  as  Berkeley  Proposal]  Berkeley  school 
officials  plan  a  "special  program  for  each  student,  whatever  his  needs."  See  also  East 
Orange  Press  Release  at  4.  Superintendent  Robert  H.  Seitzer  has  stressed  "instruction 
closely  tailored  to  pupil  ability  levels  [and]  programs  to  fit  all  levels  of  ability  and 
vocational  goals.  .  .  ." 

173 


permitting  technological  innovations  which  would  not  be  economical 
in  smaller  schools.  Computer  aids  to  teaching  often  are  identified  as 
one  of  the  new  educational  resources  which  would  be  made  possible 
in  a  large  institution. 

Since  computer  aids  are  recent  innovations,  not  many  school  systems 
are  using  them.  Efforts  at  one  school,  however — the  Brentwood  School 
in  East  Palo  Alto,  Calif. — have  attracted  attention.  Brentwood,  in  co- 
operation with  Stanford  University,  has  more  than  100  first-grade  stu- 
dents spending  a  half-hour  each  day  learning  either  arithmetic  or  reading, 
assisted  by  a  computerized  system.  Each  student  works  at  an  individual 
computer-desk,  consisting  of  a  typewriter  keyboard,  a  microphone  and 
speaker,  and  a  television  screen.  Reading  or  arithmetic  problems  appear 
on  the  screen,  and  the  student  responds  by  typing  the  answer,  answering 
audibly,  or  marking  the  screen.^-'  The  computer  keeps  instantaneous 
track  of  each  student's  work,  provides  higher-level  materials  as  his  skills 
increase,  and  analyzes  his  work  so  that  teachers  and  school  officials  can 
maintain  a  daily  check  on  his  progress."-^  The  advantage  to  the  indi- 
vidual student  has  been  emphasized : 

The  decision  whether  to  go  on  to  the  next  topic  or  review  the 
last  one  can  be  made  in  accordance  with  the  interests  of  the  child 
rather  than  for  the  class  as  a  whole.  In  other  words,  computers 
can  make  it  possible  for  people  to  be  treated  as  individuals  in  many 
situations  where  they  are  now  lumped  in  the  aggregate.-^* 

In  a  paper  prepared  for  the  Commission,  Dan  Lortie,  Professor  of 
Education  at  the  University  of  Chicago,  suggests  that  computer  programs 
may  help  teachers  improve  their  effectiveness.  "The  overall  effect  would 
be  to  stress  individualistic  aspects  of  the  teachers'  w  ork- — there  would  be 
a  greater  propensity  for  teachers  to  ask,  'How  can  I  help  this  particu- 
lar child?'  "  -" 

In  another  paper  prepared  for  the  Commission,  Francis  Keppel,  former 
U.S.  Commissioner  of  Education,  reviewed  the  possibilities  of  this  new 
technology  in  education  parks.  Keppel  cautioned  that  the  use  of  com- 
puter technology  depends  upon  the  development  of  appropriate  instruc- 
tional materials  which  are  now  in  scarce  supply.^^*'  But  assuming 
appropriate  materials  can  be  developed,  Keppel  believes  that  the  use  of 
computers  to  assist  teaching  can  be  of  value,  particularly  to  disadvantaged 
students : 


'^  Stanford  University  News  Service,  Stanford,  Calif.  "Stanford  Photo  Story — 
Brentwood  School,  East  Palo  Alto,"  (undated  press  release) . 

--^  Ibid.  See  also  Bushnell  and  Mitter,  A  Report  to  the  U.S.C.C.R.  on  the  Com- 
puter and  the  Education  Park,  15,  16  (September  1966). 

"*  McCarthy,  "Information,"  in  Scientific  American  at  67  (September  1966).  See 
also  Suppes,  "The  Computer  and  Excellence,"  in  Saturday  Review  46-50  (January 
14,  1967). 

-^  App.  D2.4,  at  284. 

^«  App.  D2.3,  at  270. 

174 


The  computer  program  has  the  infinite  virtue  of  patience  and 
has  in  theory  all  the  time  in  the  world.  .  .  .  Computer  technology 
is  color  blind  and  has  no  memory  of  race.^^^ 

Computer  technology  also  may  relieve  teachers  of  many  of  the  record- 
keeping chores  with  which  they  now  are  burdened.  Keppel  explains 
that,  "Right  now,  computers  can  rationalize  the  paperwork  load  and  lift 
it  from  the  backs  of  teachers  and,  of  course,  administrators."  -^^  The 
teacher  then  would  be  able  to  devote  more  attention  to  the  students. 

Another  concern  expressed  about  proposed  education  parks  is  that 
their  size  may  impose — particularly  upon  teachers — a  uniformity  that 
will  stifle  initiative.  It  has  been  suggested  by  Lortie  that  large  parks 
might  involve: 

.  .  .  the  replacement  of  small,  dispersed  units  by  a  collection  of 
units  in  a  central  location,  a  shift  from  simple  to  complex  organi- 
zation, from  intimacy  in  setting  to  the  possibility  of  impersonality. 

The  prospect  of  large  and  complex  organizations  may  make 
teachers  anxious  about  the  maintenance  of  personal  identity  and 
cause  them  to  worry  about  the  disruption  of  relationships  they  cur- 
rently enjoy.^^^ 

Whether  such  fears  will  prove  justified,  Lortie  says,  depends  upon  the 
manner  in  which  the  facilities  are  organized  and  divided  into  sub-units.^^" 
All  plans  for  education  parks  call  for  distinct  and  compact  units,  the  size 
of  the  units  varying  with  the  plan.  Educators  seek  to  plan  these  units  so 
that  they  will  have  individual  identity  and  foster  close  student-teacher 
relationships. 

As  Illustration  4  shows,  in  New  York  City  the  plan  for  an  education 
park  calls  for  four  primary  units  of  700  students  each;  four  intermediate 
schools  containing  900  pupils  in  each  school,  and  1 ,000  students  in  each 
of  four  high  school  units."^^  In  Syracuse,  N.Y.  (see  Illustration  3  on 
page  1 68 )  each  of  the  four  campus  sites  will  accommodate  five  separate 
elementary  school  buildings.  Each  building  will  have  the  usual  school 
capacity  of  900  children.^^' 

Indeed,  it  has  been  suggested  that  far  from  imposing  uniformity,  edu- 
cation parks,  if  properly  planned,  could  provide  for  diversity  and  in- 
novation in  ways  not  now  possible  in  smaller  units.  Lortie,  for  ex- 
ample, points  out  that  parks  properly  planned  with  the  participation  of 
teachers  would  afford  special  opportunities  for  teachers.     There  would 


^/rf.at271. 

=^  Ibid. 

"^  App.  D2.4  at  278. 

^Id.  at  279. 

^  "Schools  Make  News,"  in  Saturday  Review  93  Nov.  19,  1966. 

"'^  Syracuse  City  School  District,  Application  for  Federal  Grant  To  Plan  a  Supple- 
mentary Educational  Center  and  Services,  9  (May  23,  1966).  [Hereinafter  cited 
as  Syracuse  Proposal.] 

175 


Illustration  4.  New  York  Education  Park  Plan 


-"    •*!    «^ 


^    «>i  ^ 


Experimental 


PLAN    FOR    NEW    YORKI 

2,800    PUPILS,      INTERM 

FOR    4,000.    STUDENTS 

SCHOOLS,     900    IN    THE    INTERMEDIATE    SCHOOLS,     AND    1000    IN    THE    HIGH    SCHOOL, 

THE    CENTRAL    UNIT   WILL    OFFER    COMMON    FACILITIES    FOR    ALL    SCHOOLS    IN    THE    CON 


lEW  EDUCATION  PARK  PROVIDES  FOR  PRI 
lATE  SCHOOLS  FOR  3,600,  AND  A  COMPRE 
LL    BE    GROUPED    IN    UNITS    OF    700    EACH    IN 


SCHOOLS  FOR 
IVE  HIGH  SCHOC 
PRI  MARY 


JAGRAM    ADAPTE 


■^ATimriAY 


be  greater  opportunities  for  interaction  among  teachers  who  are  now 
isolated  in  small  schools  from  colleagues  with  the  same  skills.  Facilities 
could  be  provided  to  afford  teachers  more  privacy  than  they  presendy 
enjoy.  Bringing  teachers  with  similar  training  together  might  allow 
them  more  freedom  to  develop  specialized  subject  matter  skills.  The 
education  park,  it  is  said,  could  provide  a  laboratory  for  student  teachers 
who  would  have  the  opportunity  to  observe  a  greater  variety  of  teaching 
styles  than  in  a  conventional  school. 

Ties  with  universities,  contemplated  by  many  of  the  education  park 
plans,  would  facilitate  inservice  training  for  professional  teachers  and, 
if  the  park  and  university  were  in  close  proximity,  enable  the  teachers  to 
take  courses  during  part  of  the  schoolday.  Much  of  the  innovation  in 
education  today  has  stemmed  from  cooperation  between  schools  and 
universities.  "Yet  those  in  universities  face  a  problem  in  working  with 
school  personnel,  for  direct  contact,  given  the  dispersal  of  neighborhood 
schools  forces  the  professor  to  work  within  a  small  orbit."  ^^^  Central- 
ized facilities  would  help  to  overcome  this  problem. 

-'"  App.  D2.4  at  282. 


176 


Lortie  concluded,  then,  that  education  parks  may  stimulate  diversity 
rather  than  uniformity : 

As  in  the  city,  denser  population  leads  to  greater  variety  in 
human  relationships  and  greater  diversity  in  the  creation  and  flow 
of  ideas.  Cities,  not  villages,  spawn  civilizations;  choice  among 
alternatives  and  cultural  riches  occurs  where  ideas  and  persons 
mix  freely  in  diverse  relationship.  Thus  the  educational  complex, 
if  properly  used,  could  produce  a  higher  culture  within  the 
school.^^* 

Finally,  there  has  been  increasing  concern  in  recent  years  over  the 
lack  of  initiative  and  participation  by  local  citizens  in  the  affairs  of  large 
urban  school  systems.  Parents  and  teachers  often  have  felt  isolated  from 
the  process  of  educational  policymaking.  Meaningful  citizen  participa- 
tion, however,  is  difficult  to  secure  where  the  basic  unit  of  concern  is  a 
small  school  which  is  only  one  of  a  number  of  schools  governed  by  a  single 
school  board.  To  give  each  small  school  its  own  schoolboard,  it  may  well 
be  argued,  would  be  ineffective  as  well  as  unwieldy.  Innovations  in 
curriculum,  for  example,  would  be  difficult  to  achieve  in  schools  which 
are  small  and  lack  resources. 

Some  educators,  seeking  more  viable  routes  for  local  initiative  and 
participation,  have  proposed  that  competing  school  systems  be  estab- 
lished in  the  cities  as  alternatives  to  the  public  schools.  In  such  schools, 
it  is  argued,  parents  and  teachers  could  have  a  greater  voice  in  policy- 
making. While  alternatives  to  the  public  schools  have  not  been  examined 
in  this  study,  it  has  been  suggested  that  similar  advances  in  community 
participation  are  possible  in  larger  institutions,  such  as  education 
parks.  Dr.  John  Fischer  has  suggested  that  education  parks  would 
provide  more  manageable  units  for  decentralized  administration.  They 
could  be  organized  with  their  own  school  boards,  providing  a  vehicle 
for  more  meaningful  community  participation  than  is  now  possible  in 
individual  schools:  "For  the  first  time  it  could  thus  become  possible 
for  the  citizens  in  a  section  of  a  larger  community  to  have  a  direct  effective 
voice  in  the  affairs  of  a  school  serving  their  areas."  ^^^ 

Feasibility 

Proposals  for  education  parks  also  involve  considerations  of  construc- 
tion costs,  increased  need  to  transport  children,  use  of  existing  facihties, 
and  other  matters  related  to  feasibility. 

Construction  Costs 

Construction  of  large  new  schools  obviously  would  involve  a  major 
capital  investment.  Estimates  vary,  but  a  review  of  existing  proposals 
suggests  that  the  capital  costs  of  building  classrooms  in  education  parks 


^/rf.  at  281-82. 
'''App.  D2.1  258. 


177 


may  range  from  an  amount  roughly  equal  to  the  cost  of  regular  class- 
rooms to  twice  that  amount.  Pittsburgh  estimates  that  education  parks 
could  cost  twice  as  much  per  pupil  as  the  national  average  cost  of  reg- 
lar  classrooms.^^^  On  the  other  hand,  Harold  Gores,  director  of  the 
Educational  Facilities  Laboratory,  has  written  of  proposed  education 
parks : 

The  structure  itself  would  cost  less  than  the  conventional  ceramic 
vaults  we  now  build  for  schools.  The  experience  of  New  Haven, 
Conn.,  in  making  full  use  of  urban  renewal  assistance,  enabling 
the  city  to  parlay  $13  million  of  local  money  into  $65  million  when 
State  and  Federal  assistance  were  applied  suggests  that  the  cost 
of  physical  plant  should  lead  to  economy  rather  than  conventional 
burden. 

The  cost  of  the  physical  facilities  can  be  at  or  below  prevailing 
rates  of  per-pupil  cost,  depending  upon  the  extent  to  which  modem 
technology  in  school  design  is  employed.  The  notion  that  an  edu- 
cation park  must  have  a  hundred  acres  of  city  land  is  a  reflex  action 
from  a  suburban  syndrome. ^^^ 

In  any  event,  at  least  part  of  the  costs  of  building  an  education  park 
would  be  incurred  because  of  the  need  to  build  new  classrooms  to  re- 
place outworn  structures  and  accommodate  a  growing  student  popula- 
tion. The  U.S.  Office  of  Education  has  noted  that  there  is  a  pressing 
national  need  for  new  classrooms.  On  the  basis  of  statistics  collected 
from  the  States  and  local  school  systems  it  has  estimated  that  more  than 
500,000  new  classrooms  are  needed  to  replace  those  which  presently 
are  inadequate."^ 

The  Syracuse  school  administration  has  concluded  that  traditional 
scattered  school  sites  in  the  core  city  might  be  more  costly  than  the 
parks.  Population  change  and  possible  urban  renewal  in  both  the  ghetto 
and  business  districts  have  made  planning  for  traditional  facilities  an 
uncertain  venture.  After  study,  the  school  authorities  decided  that  the 
cost  of  building  the  campus  schools  could  be  borne  by  the  district. 
Existing  facilities  will  be  phased  out  as  the  new  schools  are  completed."^ 


^  Pittsburgh  estimates  the  total  cost  of  its  education  parks  at  $75  million.  The 
number  of  pupils  in  attendance  will  be  between  22,500  and  27,500.  Therefore,  the 
cost  per  pupil  will  be  approximately  $3,000.  In  Syracuse  the  figure  comes  to  $1,679 
per  pupil.  U.S.  Office  of  Education,  memo.  Cost  Analysis  of  Proposed  Educational 
Park  Facilities,  5  (July  1966).  The  national  average  cost  per  pupil  of  school  con- 
struction in  1965  was  $1,612.  "Current  Trends  in  School  Facilities"  in  School  Man- 
agement, 77  (July  1966.) 

^  Gores,  "Education  Park:  Physical  and  Fiscal  Aspects,"  in  An  Exploration  of  the 
Educational  Park  Concept,  5-6   (Jacobson  ed.  June  22-24,  1964). 

^U.S.  Office  of  Education,  Projections  of  Educational  Statistics  to  1974-75, 
40  (1965).  This  figure  is  determined  by  adding  the  makeshift  or  improvised  class- 
rooms (31,000),  the  nonpermanent  rooms  (31,000),  the  rooms  rented  ofF-site 
(14,000),  the  rooms  with  three  or  more  defects  (158,000),  and  those  needed  to 
achieve  a  pupil-room  ratio  of  ,25  elementary  and  20  secondary  pupils  (285,000). 

^'Research  Department,  City  School  District,  Syracuse,  N.Y.,  Research  Report 
No.  9-66,  (first  draft)  1-3,  Feb.  23,  1966. 

178 


Offsetting  the  substantial  capital  costs  of  education  parks,  it  has  been 
suggested,  is  economy  made  possible  by  the  central  location  of  certain 
kinds  of  needed  facilities,  such  as  libraries,  science  laboratories,  and 
auditoriums.  Franklyn  Barry,  asked  if  planned  campus  schools  in  Syra- 
cuse would  permit  economies,  replied : 

We  have  no  libraries  except  voluntary  ones  in  any  of  the  schools 
in  Syracuse.  Every  other  county  school  from  here  to  Buffalo  and 
back  has  libraries,  and  I  think  children  in  Syracuse  should  have 
libraries.     We  can  do  this  in  4  centers,  but  we  can't  do  it  in  30.^^° 

Use  of  Existing  Facilities 

School  systems  now  exploring  the  construction  of  education  parks  have 
proposed  a  number  of  alternative  uses  of  existing  school  space.  In  East 
Orange,  N.J.,  the  school  board  has  decided  to  sell  existing  schools  as  they 
are  replaced  with  buildings  in  the  new  education  plaza.  This  decision 
was  based  on  a  study  which  concluded  that  the  sale  of  the  buildings  could 
offset  substantially  the  cost  of  building  the  new  schools.""  Pittsburgh 
school  officials  are  considering  using  existing  high  schools  as  middle 
schools  when  the  high  schools  are  replaced  by  parks.'^"  In  New  York 
City,  a  report  to  the  board  of  education  proposed  that  education  com- 
plexes become  the  first  step  in  the  construction  of  a  system  of  education 
parks. '^^ 

In  other  cities,  it  has  been  suggested  that  existing  schools  which  are 
replaced  by  the  education  parks  could  be  converted  to  a  variety  of  new 
uses.  The  most  common  suggestion  is  conversion  to  preschool  centers 
in  view  of  increasing  interest  in  and  governmental  support  for  preschool 
programs.  Other  suggested  alternatives  include  libraries,  community 
and  adult  education  centers,  and  recreational  facilities."" 

Construction  Time 

A  related  problem  is  the  time  it  will  take  to  build  education  parks. 
Time  is  required  for  educational  and  physical  planning,  for  the  acquisi- 
tion and  assembling  of  land,  and  for  construction.  Assembling  the 
necessary  land  for  schools  already  is  a  formidable  task  in  larger  cities, 
where  congestion  is  great  and  demand  is  high. 

Education  parks  may  require  larger  parcels  of  land  and  may  involve 
more  than  one  school  jurisdiction.  The  construction  process  itself,  on 
the  other  hand,  may  not  be  a  major  obstacle.     Some  of  the  Nation's 

"*"  Testimony  of  Superintendent  Barry  of  Syracuse,  Rochester  Hearing,  464. 

^"  East  Orange  Press  Release  at  2.  William  Hoffman,  president  of  the  school  board, 
points  out  that  the  sale  of  the  schools  would  yield  an  additional  benefit  from  their 
inclusion  in  the  city's  ratables.  It  is  also  expected  that  another  sizable  part  of  the 
plaza's  cost  may  be  defrayed  by  governmental  agencies  and  educational  foundations. 

^"  Harvard  Graduate  School  of  Education,  Education  for  Pittsburgh,  16-17  (1966). 

-"  Dentler,  op  cit.  supra  note  191,  at  29. 

-*^App.  D2.1  258.  "The  impending  expansion  of  nursery  school  programs  and 
adult  education  are  only  two  of  the  more  obvious  alternate  uses  for  in-city  structures." 
See  also  Sessions,  "A  New  Approach  to  Education  in  the  District  of  Columbia,"  at  4 
(undated  paper).  Sessions  proposes  that  existing  school  buildings  in  Washington, 
D.C.,  be  converted  for  housing  purposes. 

179 


largest  and  most  complicated  school  buildings  have  been  constructed  in 
short  periods  of  time.  For  example,  the  new  3,000-student  Bronx  High 
School  of  Science  in  New  York  City — regarded  as  one  of  the  finest  spe- 
cialized high  schools  in  the  Nation — took  three  years  to  build.  A  new 
highly  diversified  vocational  and  technical  school  was  built  in  about  a 
year  and  a  half  in  Las  Vegas,  Nev.,  with  modern  construction  methods.^" 
Parts  of  the  South  Florida  Education  Center  in  Fort  Lauderdale,  a  mod- 
ern and  well-equipped  high  school  and  a  junior  college,  were  completed 
in  less  than  four  years.^**' 

Funds  for  the  New  York  City  education  park  are  included  in  the 
budget  for  1967-68  and  completion  is  expected  two  years  from  the  com- 
mencement of  the  construction.^*^ 

East  Orange  and  Syracuse,  however,  have  estimated  the  time  needed 
to  complete  their  education  parks  to  be  12  to  15  years.^*®  A  major  con- 
straint is  lack  of  construction  funds,  even  though  both  cities  are  relatively 
small  and  require  relatively  few  schools.  The  timing  of  construction  in 
larger  cities  needing  more  schools  would  appear  to  be  an  even  greater 
problem  under  present  arrangements  for  financing  school  construction. 
Were  Federal  funds  available,  it  is  likely  that  construction  could  move 
more  rapidly  than  these  estimates  suggest.  Presently,  the  Federal  con- 
tribution to  public  school  construction  costs  is  less  than  1  percent  of  the 
total.'*" 

Transportation 

Another  aspect  of  the  feasibility  of  education  parks  involves  the  in- 
creased need  to  transport  children  which  would  result  from  the  enlarged 
attendance  areas. 

In  1964,  about  15  million  public  school  children  traveled  to  school 
on  school-leased  or  owned  carriers  each  school  day.  This  figure  repre- 
sents about  40  percent  of  the  Nation's  total  school  enrollment  and  does 
not  include  children  who  use  nonschool  public  transportation."^"     In 


"^  Interview  with  Alexander  Taffel,  principal,  Bronx  High  School  of  Science  (De- 
cember 1966).  Interview  with  Raymond  L.  Sturm,  Southern  Nevada  Vocational 
Technical  Center  (Nov.  30,  1966). 

2«  "Where  a  'School  of  the  Future'  is  Holding  Classes  Today,"  in  U.S.  News  & 
World  Report  at  36,  July  5,  1965. 

="  "Schools  Make  News,"  in  Saturday  Review  at  93   (Nov.  19,  1966). 

^^^  East  Orange  Press  Release,  2.  Telephone  interview  with  David  Sine,  research 
director,  Syracuse  Public  Schools  (January  19,  1967). 

""  U.S.  Office  of  Education,  Estimated  Capital  Outlay  for  Public  Elementary  and 
Secondary  School  Facilities,  unpublished  table  (April  1966).  See  also:  School  Man- 
agement, at  75  (July  1966).  It  is  noted  that  $3.43  billion  were  spent  in  1965  on  ele- 
mentary and  secondary  additions  and  new  schools. 

^  U.S.  Office  of  Education,  Digest  of  Educational  Statistics,  29  (1965).  Also,  in- 
terview with  E.  Glen  Featherston,  U.S.  Office  of  Education  (December  1966).  The 
Office  of  Education's  statistics  on  pupil  transportation  generally  omit  pupils  who 
travel  on  public  transportation.  Mr.  Featherston  stated  that  "the  number  of 
children  transported  to  school  on  public  rather  than  school-owned  or  school-leased 
facilities  has  not  been  ascertained  in  over  15  years." 

180 


four  of  the  Nation's  largest  cities  between  15  and  30  percent  of  the  total 
school  enrollment  uses  public  transit  facilities."^ 

In  view  of  the  widespread  practice  of  transporting  students  to  school, 
school  systems  long  since  have  taken  measures  to  assure  the  greatest  pos- 
sible safety.  The  problems  related  to  student  transportation  are  largely 
logistical.  In  a  paper  prepared  for  the  Commission,  Paul  Davidoff, 
Chairman  of  the  Department  of  City  Planning  at  Hunter  College  in  New 
York  City,  studied  the  feasibility  of  establishing  desegregated  education 
park  sites  in  the  Philadelphia  Metropolitan  Area,  one  of  the  Nation's 
largest  metropolitan  regions.^"  The  study  revealed  there  are  many 
locations  in  the  area  where  city  Negroes  and  suburban  whites  could 
attend  education  parks  together  with  relatively  Httle  travel  time.  The 
report  indicated  that  travel  time  for  most  students  could  be  limited  to 
less  than  40  minutes.^'"' 

The  cost  of  transportation  obviously  is  a  factor  in  the  feasibility  of 
education  park  plans.  The  cost  would  depend  in  part  upon  the  avail- 
ability of  mass  transportation.  Some  proposals  suggest  one  possibility 
of  coordinating  plans  for  education  parks  with  plans  for  the  development 
or  improvement  of  mass  transit  systems.  Pittsburgh  has  taken  such  an 
approach  to  rapid  mass  transit  and  education  park  site  location."^^ 
Berkeley,  Calif.,  too,  has  asked  representatives  from  local  transit  authori- 
ties to  participate  in  the  planning  of  their  parks.'^^ 

Metropolitan  Attendance 

A  final  consideration  of  feasibility  is  the  need  for  ingtergovernmental 
cooperation  which  would  be  entailed  in  education  park  plans  that  con- 
template drawing  students  from  suburban  jurisdictions  as  well  as  from 
the  city.  School  boards  either  would  have  to  merge  or  share  authority, 
staff,  and  funds.  State  education  agencies  might  have  to  sanction  these 
arrangements. -^'^  Yet,  as  Robert  Wood,  Under  Secretary  of  Housing 
and  Urban  Development,  has  written : 

.  .  .  each  jurisdiction  tries  to  avoid  the  conditions  it  regards  as 
unpalatable,  to  protect  its  own,  and  to  let  its  neighbors  fend  for 
themselves.^^' 


^*  These  cities  are  Washington,  D.C.,  Philadelphia,  New  York  City,  and  Chicago. 
Information  received  from  the  D.C.  Transit  Co.,  Chicago  Transit  Authority,  Phila- 
delphia Transportation  Co.,  New  York  City  Transit  Authority. 

""^Davidoflf,  Position  Paper,  submitted  to  the  U.S.  Commission  on  Civil  Rights 
(November  1966). 

'^  Id.  at  19. 

^*  McPherson,  A  Survey  of  Opinions  and  Perceptions  Regarding  Continuing  Racial 
Integration  of  Central  City  Public  School  Systems,  at  9  (October  1966).  "Mr.  David 
Lewis  and  members  of  his  staff  at  Urban  Design  Associates  .  .  .  [have]  provided  con- 
sultant services  for  both  the  Port  Authority  and  the  public  school  system,  and  [have] 
been  able  to  relate  the  bold  plans  for  a  rapid  transit  system  network  in  Pittsburgh  to 
the  design  and  location  of  large  high  schools." 

^  Berkeley  Proposal  at  7. 

"■^App.D2A  at  257. 

="  Wood,  Metropolis  Against  Itself,  41  (March  1959) . 

181 

243-637   O  -  67  -  13 


Given  the  tendency  of  school  districts  to  guard  their  prerogatives  jeal- 
ously, consolidation  or  merger  has  been  accomplished  infrequently.  Big 
cities  typically  lack  authority  to  annex  unilaterally.  Even  if  there  were 
agreement  among  districts,  in  some  States  merger  can  be  accomplished 
only  by  popular  referendum.  Although  States  in  most  cases  can  require 
merger  or  consolidation,  they  have  done  so  primarily  for  rural  districts 
not  urban  or  suburban  districts.-^^  (The  question  of  whether  Congress 
has  the  authority  to  require  school  desegregation,  notwithstanding  such 
obstacles,  is  discussed  in  the  next  chapter. ) 

It  has  been  pointed  out,  however,  that  the  reasons  that  have  prompted 
consolidation  of  rural  schools  districts  have  some  application  to  urban 
and  suburban  school  districts.    As  one  educational  planner  has  written: 

.  .  .  the  concept  is  not  entirely  new  to  public  education  in  the 
United  States.  School  consolidation  in  rural  areas  had  a  purpose 
similar  to  one  of  the  purposes  of  the  city  education  park — the 
collection  of  enough  students  at  one  point  to  make  better  quality 
education  economically  possible.  Just  as  the  consolidated  rural 
school  could  offer  educational  opportunities  unmatched  by  small 
schools  it  replaced,  the  educational  park  in  the  city  .  .  .  could 
offer  chances  to  city  youngsters  which  are  unavailable  in  their 
neighborhood  schools.-^^ 

The  size  and  fragmentation  of  school  districts  within  metropolitan 
areas  suggests  that  there  may  be  a  need  for  consolidation.  In  the  Na- 
tion's 212  metropolitan  areas  in  1962,  there  were  approximately  6,000 
independent  school  districts  and  600  dependent  school  districts,  an 
average  of  21  school  systems  for  each  metropolitan  area.  More  than 
one-third  of  the  school  districts  in  metropolitan  areas  serve  less  than  300 
students.-^"  Many  States,  based  on  the  judgment  of  educators  that  a 
sound  educational  program  requires  larger  numbers  of  students,  have 
encouraged  the  consolidation  of  school  districts."*'^ 


^  Interview  with  Robert  Isenberg,  Director  of  Rural  Services  Division,  National 
Education  Association  (Jan.  9,  1967). 

■■''' Mauch,  "The  Education  Park"  in  American  School  Board  Journal,  9  (March 
1965). 

"'"'  Beckman,  Metropolitan  Education  in  Relation  to  State  and  Federal  Govern- 
ment, 14-15  (unpublished  draft) . 

"''^  Wisconsin,  Nebraska,  Pennsylvania,  and  Delaware  are  among  the  States  with 
school  district  consolidation  programs.  Wisconsin  had  approximately  3,000  school 
districts  in  1960  and  in  1966  it  had  only  535.  (Telephone  interview  with  Mr.  Van 
Raelte,  Assistant  in  charge  of  Instructional  Services,  State  Deparement  of  Education, 
Dec.  2,  1966.)  In  1964  Nebraska  had  2,700  school  districts  and  in  1966  this  number 
had  been  reduced  to  2,400.  The  number  of  school  districts  is  being  reduced  at  a 
rate  of  200  per  year.  (Telephone  interview  with  Mr.  Donald  Stewart,  consultant, 
State  Department  of  Education,  Dec.  2,  1966.)  Under  an  act  passed  by  the  Penn- 
sylvania Legislature  in  1963,  the  number  of  school  districts  has  been  reduced  from 
over  2,000  in  1963  to  742  in  1966.  (Telephone  interview  with  Walter  Heckman, 
supervisor.  School  District  Organization,  Department  of  Public  Instruction,  Dec.  2, 

Footnote  continued  on  following  page. 

182 


In  summary,  there  are  many  promising  plans  for  desegregating  schools 
and  improving  the  quality  of  education  in  the  Nation's  larger  cities  and 
metropolitan  areas.  These  plans  contemplate  giving  more  attention  to 
the  individual  needs  of  all  students  in  schools  which  would  serve  broad 
segments  of  the  community.  All  of  the  proposals  incorporate  the  idea 
that  only  a  combination  of  school  desegregation  and  improved  educa- 
tional quality  will  solve  the  problem  of  educational  inequality  in  the 
cities.  All  are  based  on  the  view  that  this  can  best  be  accomplished 
through  the  expansion  of  attendance  zones  and  the  consolidation  of 
school  resources. 

A  number  of  questions  have  been  raised  concerning  these  proposals, 
relating  to  considerations  both  of  educational  soundness  and  feasibility. 
The  educational  problems  chiefly  concern  the  size  of  the  proposed  edu- 
cation parks  and  the  obstacles  which  such  size  might  place  in  the  way 
of  devoting  attention  to  the  individual  needs  of  students.  The  most 
substantial  problems  of  feasibility  center  upon  cost,  including  the  cost  of 
transportation  and  the  lack  of  existing  funds  at  the  local  and  State  levels. 

Educators  who  have  examined  the  problems  relating  to  size  and 
complexity  have  concluded  that  education  parks,  properly  planned, 
could  in  fact  provide  higher  quality  education  and  even  greater  individ- 
ual attention  to  the  needs  of  all  students  by  permitting  advances  and 
innovations  in  educational  techniques  which  are  not  now  possible  in 
smaller  schools. 

Although  larger  school  facilities  such  as  education  parks  would  permit 
economies  through  the  consolidation  of  resources,  they  would  still  be 
costly.  The  additional  investment  required,  however,  does  not  appear 
to  be  beyond  the  range  of  what  is  feasible  if  the  costs  are  shared  by  the 
Federal,  State,  and  local  governments.  The  major  question  is  one  of 
policy — whether  the  desegregation  of  public  schools  and  the  improve- 
ment of  the  quality  of  education  for  all  children  are  goals  of  sufficient 
importance  to  justify  the  required  investment  of  energy  and  resources. 

1966.)  In  Delaware  the  number  of  school  districts  has  been  reduced  from 
80  in  1965  to  51  in  1966.  (Telephone  interview  with  Mrs.  Sheila  Garrow,  Admin- 
istrative Service  Department,  State  Department  of  Education,  Dec.  2,   1966.) 

Other  States  which  are  reducing  the  number  of  school  districts  are  New  York, 
Ohio,  Michigan,  Illinois,  Minnesota,  California,  Kansas,  Washington,  Oregon, 
North  Dakota,  Mississippi,  North  Carolina,  and  South  Carolina.  (Interview  with  Dr. 
Robert  Isenberg,  Director  of  Rural  Services  Division,  National  Educational  Associa- 
tion, Dec.  2,  1966.) 


183 


Chapter  5 

Racial  Isolation:  The  Role 
of  LaAv 

This  report  has  examined  the  causes  of  racial  isolation  in  the  public 
schools,  the  attendant  damage  to  Negro  children,  and  remedies  attempted 
by  particular  school  systems.  This  chapter  summarizes  the  role  of  law — 
judicial  decisions  in  cases  challenging  both  racial  isolation  in  the  schools 
and  efforts  by  State  and  local  authorities  to  correct  it ;  State  legislation  and 
administrative  action  to  overcome  racial  isolation,  and  the  role  of  the 
Federal  Government.  The  analysis  presented  here  is  more  fully  devel- 
oped and  documented  in  the  appendix  in  this  volume  of  the  report. 

The  Constitutional  Duty  of  a  State  To 

Eliminate  Racial  Isolation — The 

Judicial  Decisions 

In  1954,  the  U.S.  Supreme  Court  decided  in  Brown  v.  Board  of  Edu- 
cation that  public  school  segregation  compelled  or  expressly  permitted  by 
law  violated  the  equal  protection  clause  of  the  14th  amendment.^  Later 
decisions  have  applied  Brown  to  purposeful  school  segregation  resulting 
from  administrative  actions  of  State  or  local  public  officials  even  where 
such  segregation  is  not  dictated  or  sanctioned  by  State  or  local  law."  The 
courts  have  indicated  that  such  purposeful  segregation  is  unconstitutional 
even  where  it  is  less  than  complete,^  and  even  when  it  is  accomplished  by 
inaction  rather  than  by  action.^ 

The  courts  have  not  been  so  ready  to  declare  adventitious  segrega- 
tion— segregation  not  resulting  from  purposeful  discrimination  by  school 
authorities — unconstitutional.  The  Supreme  Court  has  not  ruled  on 
this  issue.  The  lower  Federal  courts  and  the  State  courts  are  divided, 
but  a  majority  of  the  courts  have  held  that  school  boards  are  under  no 


'347  U.S.  483  (1954). 

-E.g.,  Taylor  v.  Board  of  Education  (New  Rochelle),  191  F.  Supp.  181  (S.D.  N.Y.), 
aff'd,294F.  2d  36  (2d  Cir.),  cert,  denied,  368  U.S.  940  (1961). 

"Taylor  v.  Board  of  Education  (New  Rochelle),  supra;  Jackson  v.  Pasadena  City 
School  District,  31  Cal.  Rptr.  606,  382  P.  2d  878  (1963). 

*  Webb  V.  Board  of  Education  (Chicago),  223  F.  Supp.  446  (W.D.  111.  1963). 

185 


Federal  constitutional  duty  to  remedy  racial  imbalance.'"'  On  the  other 
hand,  the  courts  have  upheld  State  and  local  remedial  measures  against 
the  contention  by  white  parents  that  it  is  unconstitutional  to  take  race 
into  account  in  assigning  students  to  schools.*^ 

Actions  by  States  to  Eliminate  Racial 
Isolation 

Thus,  the  result  of  most  judicial  decisions  to  date  has  been  to  leave  the 
question  of  remedying  racial  imbalance  to  the  legislative  and  executive 
branches  of  the  Federal  and  State  Governments.  A  small  number  of 
States — including  Massachusetts,  New  York,  New  Jersey,  and  Cali- 
fornia— have  taken  steps  to  require  school  authorities  to  take  corrective 
action.' 

The  most  advanced  requirements  include  a  Massachusetts  law  and  a 
requirement  of  the  New  York  State  Commissioner  of  Education,  each 
of  which  obligate  local  school  officials  to  eliminate  racial  imbalance  in 
their  schools.  The  Massachusetts  legislature  has  defined  a  racially 
imbalanced  school  as  one  where  the  percentage  of  nonwhites  exceeds 
50  percent  of  the  total  enrollment.**  The  New  York  Commissioner  of 
Education  has  defined  a  racially  imbalanced  school  as  one  having  50 
percent  or  more  Negro  pupils  enrolled.^  Massachusetts  has  provided 
the  strongest  sanctions.  If  a  school  committee  fails  to  show  progress 
within  a  reasonable  time  in  eliminating  racial  imbalance  in  its  school 
system,  the  Commissioner  of  Education  must  refuse  to  certify  all  State 


t  .. 

i 


■'Compare  Branche  v.  Board  of  Education  (Hempstead),  204  F.  Supp.  150  (E.D. 
N.Y.  1962)  ;  Blocker  v.  Board  of  Education  (Manhasset),  226  F.  Supp.  208  (E.D.  N.Y. 
1964)  ;  Barksdale  v.  Springfield  School  Committee,  237  F.  Supp.  543  (D.  Mass.  1965), 
order  vacated,  348  F.  2d  261  (1st  Cir.  1965)  ;  Jackson  v.  Pasadena  City  School  Dis- 
trict, 31  Cal.  Rptr.  606,  382  P.  2d  878  (1963)  with  Bell  v.  School  City  of  Gary,  324 
F.  2d  209  (7th  Cir.  1963)  ;  Downs  v.  Board  of  Education  (Kansas  City),  336  F.  2d 
988  (10th  Cir.  1964)  ;  Swann  v.  Charlotte-Mecklenburg  Board  of  Education,  Civ.  No. 
10207,  4th  Cir.,  Oct.  24,  1966;  Deal  v.  Cincinnati  Board  of  Education,  No.  16863, 
6th  Cir.,  Dec.  6,  1966;  Gilliam  v.  School  Board  (Hopewell),  345  F.  2d  325  (4th 
Cir.  1965)  ;  Lynch  v.  Kenston  School  District  Board  of  Education,  229  F.  Supp.  740 
(W.D.Ohio  1964). 

"E.g.,  Balaban  v.  Rubin,  20  App.  Div.  2d  438,  248  N.Y.S.  2d  574,  aff'd,  14  N.Y. 
2d  193,  250  N.Y.S.  2d  281,  cert,  denied,  379  U.S.  881  (1964);  Strippoli  v.  Bickal, 
21  App.  Div.  2d  365,  367,  250  N.Y.S.  2d  969,  972  reversing  42  Misc.  2d  475,  248 
N.Y.S.  2d  588  (1964)  ;  Di  Sano  v.  Storandt,  22  App.  Div.  2d  6,  253  N.Y.S.  2d  411 
(1964),  reversing  43  Misc.  2d  272,  250  N.Y.S.  2d  701  (1964)  ;  Fuller  v.  Volk,  230 
F.  Supp.  25  (D.  N.J.  1964),  vacated  and  remanded,  351  F.  2d  323  (3rd  Cir.  1965)  ; 
Moreanv.  Board  of  Education  (Montclair),  42  N.J.  237,  200  A.  2d  97  (1964). 

"Mass.  Gen.  Laws,  ch.  15,  sec.  l-I;  ch.  71,  sees.  37C,  37D  (1965);  memorandum 
from  the  State  Commissioner  of  Education  to  all  Chief  Local  School  Administrators 
and  Presidents  of  Boards  of  Education,  8  Race  Rel.  L.  Rep.  738,  739  (N.Y.  Comm.  of 
Ed.  1963)  ;  Booker  v.  Board  of  Education  (Plainfield),  45  N.J.  161,  178,  212  A.  2d  1, 
10  (1965)  ;  Cal.  Admin.  Code,  title  V,  sees.  2001,  2010,  2011. 

^  Mass.  Gen.  Laws,  ch.  71,  sec.  37D  (1965). 

'  Memorandum  from  the  State  Commissioner  of  Education  to  all  Chief  Local  School 
Administrators  and  Presidents  of  Boards  of  Education,  supra. 

186 


school  aid  for  that  system.^"  But  the  great  bulk  of  the  States  have  not 
imposed  any  requirement  that  local  school  officials  correct  racial  im- 
balance in  their  schools. 

The  Congressional  Response 

In  the  Civil  Rights  Act  of  1964,  Congress  authorized  the  Attorney 
General  to  bring  school  desegregation  suits  in  certain  circumstances/^ 
empowered  the  Commissioner  of  Education  to  give  technical  and  finan- 
cial assistance  to  desegregated  school  districts/-  and  gave  the  Depart- 
ment of  Health,  Education,  and  Welfare  the  power  to  withhold  financial 
assistance  from  school  districts  engaging  in  discrimination.^^'  But  this 
legislation  does  not  appear  to  dictate  the  imposition  of  sanctions  solely 
for  failure  to  overcome  racial  imbalance  in  the  schools  or  to  authorize  as- 
sistance to  school  districts  to  help  them  correct  such  imbalance.^^  Under 
the  Elementary  and  Secondary  Education  Act  of  1965,  HEW  en- 
courages efforts  to  develop  project  activities  which  will  tend  to  reduce 
such  imbalance,  but  is  precluded  from  requiring  "the  assignment  or 
transportation  of  students  or  teachers  in  order  to  overcome  racial  im- 
balance." ^"^ 

The  Need  for  a  Congressional  Remedy 

This  report  describes  inequalities  in  public  schools  which  require  cor- 
rective action.  Neither  the  courts  nor  State  authorities  generally  have 
required  school  officials  to  provide  a  remedy.  Absent  congressional 
action,  therefore,  there  is  no  assurance  that  the  present  serious  inequities 
will  be  remedied. 

While  it  is  conceivable  that  the  courts  may  go  further  in  finding  a 
constitutional  duty  than  they  have  been  willing  to  go  thus  far,  congres- 
sional action  affords  greater  promise  for  effective  relief  than  judicial 
action.     The  courts  are  overburdened,  and,  lacking  power  to  give  ad- 

^"  Mass.  Gen.  Laws,  ch.  15,  sec.  l-I  (1965). 

"78  Stat.  246  (1964),  42  U.S.C.  §  2000c-6  (1964). 

"  78  Stat.  246  ( 1964) ,  42  U.S.C.  §  2000c-2  ( 1964) . 

^'78  Stat.  252  ( 1964),  42  U.S.C.  §  2000d-l  (1964). 

'*78  Stat.  248  (1964),  42  U.S.C.  §  2000c-6  (1964).  United  States  v.  Jefferson 
County  Board  of  Education,  Civ.  No.  23345,  5th  Cir.,  Dec.  29,  1966.  The  Office  of 
Education  is  rendering  assistance  under  Title  IV  to  northern  schools  systems  in  meet- 
ing certain  problems  arising  from  measures  which  such  systems  independently  have 
taken  to  overcome  racial  imbalance.  See  Legal  Appendix,  infra,  at  223,  n.  124.  In 
the  89th  Congress,  Senator  Edward  Kennedy  of  Massachusetts  introduced  a  bill  (S. 
2928,  89th  Cong.  2d  sess.)  to  amend  Title  IV  of  the  Civil  Rights  Act  of  1964  to 
authorize  the  Commissioner  of  Education  to  provide  technical  assistance  and  grants 
to  school  boards  in  support  of  programs  designed  to  overcome  racial  imbalance. 

""  Public  Law  89-750,  sec.  181  (1966)  ;  Letter  from  Commissioner  Howe  to  Chief 
State  School  Officers,  August  9,  1966;  Statement  of  Office  of  Education  re  Impact 
of  Title  I,  Elementary  and  Secondary  Education  Act  of  1965  (P.L.  89-10)  on  De 
Facto  Segregation;  Manuscript,  Transcript  of  Hearing  before  U.S.  Commission  on 
Civil  Rights,  Oct.  5,  1966,  Boston,  Mass.,  p.  479.     See  Legal  Appendix,  infra,  at  223. 

187 


I 

visory  opinions,  they  must  proceed  on  a  case-by-case  basis.  Congress, 
on  the  other  hand,  can  estabUsh  a  uniform,  national  standard.^'' 

In  addition,  legislation  by  Congress  in  the  civil  rights  field  commands 
far  greater  acceptance  than  decisions  of  the  Federal  courts.  For  example, 
a  Supreme  Court  decision  overturning  the  convictions  of  the  sit-in 
demonstrators  on  the  ground  that  the  14th  amendment  required  the 
owners  of  places  of  public  accommodation  to  serve  Negroes  could  not 
have  commanded  the  same  degree  of  assent  as  the  public  accommoda- 
tions tide  of  the  Civil  Rights  Act  of  1964.^"  The  Voting  Rights  Act  of 
1965  produced  much  greater  voluntary  compliance  with  the  15th  amend- 
ment by  voting  registrars  throughout  the  South  than  the  dozens  of  Federal 
court  decisions  enjoining  voting  discrimination  against  Negroes  which 
preceded  it.^' 

Equally  important,  since  appropriate  remedies  may  require  expendi- 
tures of  substantial  sums  of  money,  particularly  where  school  con- 
struction may  be  involved.  Congress,  with  its  power  to  appropriate  funds 
and  to  provide  Federal  financial  assistance,  is  far  better  equipped  than 
the  courts  to  provide  effective  relief. 

The  Power  of  Congress  To  Enact 

Legislation  Eliminating  Racial 

Isolation 

The  Constitution  confers  upon  Congress  the  power  to  require  the 
elimination  of  racial  isolation  in  the  public  schools. 

Section  1  of  the  14th  amendment  prohibits  any  State  from  denying 
to  any  person  within  its  jurisdiction  equal  protection  of  the  laws.  Section 
5  gives  Congress  power  to  enforce  the  amendment  by  "appropriate  legis- 
lation." Recent  Supreme  Court  decisions  make  it  clear  that  Section  5 
is  an  affirmative  grant  which  authorizes  Congress  to  determine  what 
legislation  is  needed  to  further  the  aims  of  the  amendment.^^ 

The  decisions  establish  that  Congress  may  legislate  not  only  to  correct 
denials  of  equal  protection  but  also  to  prevent  or  forestall  conditions 
which  may  pose  a  danger  of  such  denial.  In  Katzenbach  v.  Morgan,^^ 
the  Court  upheld  Section  4(e)  of  the  Voting  Rights  Act  of  1965,-" 
which  provides  in  effect  that  no  person  who  successfully  has  completed 
the  sixth  grade  in  a  Puerto  Rican  school  where  instruction  is  in  Spanish 


^■' See  United  States  v.  Jefferson  County  Board  of  Education,  supra  note  14. 

^^  See  Cox,  "Constitutional  Adjudication  and  the  Promotion  of  Human  Rights," 
80,  Harv.  L.  Rev.  91  (1966). 

^'  U.S.  Commission  on  Civil  Rights,  "The  Voting  Rights  Act  .  .  .  the  first  months" 
2,8,9  (1965). 

'^Katzenbach  v.  Morgan,  384  U.S.  641  (1966)  ;  United  States  v.  Guest,  383  U.S. 
745  (1966).     See  South  Carolina  v.  Katzenbach,  383  U.S.  301   (1966). 

"384  U.S.  641  (1966). 

-"79  Stat.  439  (1965). 

188 


shall  be  denied  the  right  to  vote  because  of  inability  to  read  or  write 
English.  Section  4(e)  nuHified  New  York  State's  English  literacy 
requirement.  The  Court  sustained  Section  4(e)  partly  on  the  ground 
that  its  practical  effect  was  to  enfranchise  large  segments  of  New  York's 
Puerto  Rican  community.  "This  enhanced  poHtical  power,"  said  the 
Court,  "will  be  helpful  in  gaining  nondiscriminatory  treatment  in  pubhc 
services  for  the  entire  Puerto  Rican  community,"  thereby  enabling  it 
to  obtain  "perfect  equality  of  civil  rights  and  equal  protection  of  the 
laws."  '' 

Similarly,  whether  or  not  racial  isolation  itself  constitutes  a  denial  of 
equal  protection,  Congress  may  secure  equal  educational  opportunity 
by  eliminating  the  conditions  which  render  the  education  received  by 
most  Negroes  inferior  to  that  afforded  most  white  children.  Such  con- 
ditions involve,  in  part,  the  harmful  effects  upon  attitudes  and  achieve- 
ment which  racial  and  social  class  isolation  have  on  Negro  students. 
Corrective  congressional  action  also  may  be  seen  as  a  means  of  enabling 
Negroes,  who  generally  are  poorer  than  whites,  attend  schools  of  lower 
quality,  and  exercise  less  influence  upon  school  boards,  to  obtain  edu- 
cational facilities  equal  to  those  obtained  by  white  persons. 

The  Morgan  case  also  establishes  that  Congress  may  determine  for 
itself  that  a  particular  form  of  State  action  constitutes  a  violation  of  the 
equal  protection  clause,  whether  or  not  the  Supreme  Court  has  so  ruled 
or  would  so  rule,  and  regardless  of  the  view  of  lower  Federal  courts.  In 
Morgan,  the  Supreme  Court  sustained  Section  4(e)  on  the  alternative 
ground  that  the  Court  perceived  "a  basis  upon  which  Congress  might 
predicate  a  judgment  that  the  application  of  New  York's  English  literacy 
requirement  to  deny  the  right  to  vote  to  a  person  with  a  sixth  grade 
education  in  Puerto  Rican  schools  in  which  the  language  of  instruction 
was  other  than  English  constituted  an  invidious  discrimination  in  viola- 
tion of  the  equal  protection  clause."  '' 

There  are  ample  grounds  for  a  congressional  determination  that  racial 
imbalance  contravenes  the  equal  protection  clause.  Clearly  there  is 
"State  action,"  since  public  officials  select  school  sites,  define  attendance 
areas,  and  assign  Negroes  to  schools  in  which  they  are  racially  isolated. 
The  resulting  harm  to  Negro  children  involves  a  denial  of  equal  pro- 
tection of  the  laws. 

Although  the  holding  in  Brown  v.  Board  of  Education  was  confined 
to  school  segregation  compelled  or  expressly  permitted  by  law,  the  ra- 
tionale of  the  Brown  opinion  was  that  public  education,  ".  .  .  where 
the  State  has  undertaken  to  provide  it,  is  a  right  which  must  be  made 
available  to  all  on  equal  terms,"  "^  and  that  segregated  education  is 
unequal  education.    This  also  was  the  rationale  of  Sweatt  v.  Painter  '* 

-"^  384  U.S.  641,652-653. 

''  Id  at  656. 

==  347  U.S.  at  493. 

=*  339  U.S.  629  (1950). 

189 


and  McLaurin  v.  Oklahoma  State  Board  of  Regents  for  Higher  Edu- 
cation,"^— predecessors  of  Brown — which  respectively  held  violative  of 
the  "separate  but  equal"  rule  of  Plessy  v.  Ferguson  -°  segregated  law 
school  and  graduate  school  education. 

The  basis  of  these  decisions  was  that  Negroes  were  treated  unequally 
with  respect  to  qualities  "incapable  of  objective  measurement,"  in  large 
measure  because  they  were  isolated  from  the  majority  group.  In  Sweatt, 
among  the  vital  immeasurable  ingredients  which  the  Court  considered 
in  comparing  the  University  of  Texas  law  school  with  the  separate  Negro 
law  school  was  the  exclusion  from  the  Negro  institution  of  members  of 
racial  groups  which  included  most  of  the  lawyers,  judges,  witnesses, 
jurors,  and  public  officials  with  whom  the  Negro  law  student  would  have 
to  deal  when  he  became  a  member  of  the  bar.  The  Court  also  consid- 
ered the  comparative  "standing  in  the  community"  of  the  two  institutions. 

In  Brown,  the  Court  ruled  that  the  intangible  considerations  involved 
in  depriving  Negro  students  of  the  opportunity  for  association  with  mem- 
bers of  the  majority  group  applied  "with  added  force"  to  children  in 
elementary  and  secondary  schools."^  The  Court  concluded :  "To  sepa- 
rate them  [Negro  children]  from  others  of  similar  age  and  qualifica- 
tions solely  because  of  their  race  generates  a  feeling  of  inferiority  as  to 
their  status  in  the  community  that  may  affect  their  hearts  and  minds  in  a 
way  unlikely  ever  to  be  undone."  "^ 

The  Court  recognized  that  segregation  even  without  the  sanction  of 
law  was  harmful  to  Negro  children,  for  it  quoted  with  approval  from  a 
lower  court  finding  stating:  "Segregation  of  white  and  colored  children 
in  public  schools  has  a  detrimental  effect  upon  the  colored  children.  The 
impact  is  greater  when  it  has  the  sanction  of  law."  -°  As  one  Federal 
court  put  it,  grade  school  children  "are  not  so  mature  and  sophisticated 
as  to  distinguish  between  the  total  separation  of  all  Negroes  pursuant  to 
a  mandator)'  or  permissive  State  statute  based  on  race  and  the  almost 
identical  situation  prevailing  in  their  school  district  [without  such  a 
statute]."'" 

The  facts  in  this  report  confirm  that  racial  isolation,  whether  or  not 
sanctioned  by  law,  damages  Negro  students  by  adversely  affecting 
both  their  attitudes  and  achievement.  Negro  pupils  attending  predomi- 
nantly Negro  schools  tend  to  have  lower  educational  aspirations,  feel  more 
frequently  that  they  are  unable  to  control  their  own  destinies,  have  a 
poorer  self-image,  and  have  teachers  with  lower  expectations  than 
similarly  situated  Negro  students  attending  predominantly  white  schools. 

==339  U.S.  637  (1950). 
="163  U.S.  537  (1896). 
='  347  U.S.  at  494. 
''  Ibid. 

'"  Ibid.     [Emphasis  added] 

""Blocker  v.  Board  of  Education  (Manhasset),  226  F.  Supp.  208,  229  (E.D.  N.Y. 
1964). 

190 


These  differences  in  part  are  associated  with  differences  in  the  compara- 
tive social  class  levels  of  the  average  predominantly  Negro  and  the  aver- 
age predominantly  white  school — differences  which,  given  the  relatively 
small  Negro  middle  class,  cannot  be  erased  ^vithout  school  integration. 

Beyond  this,  however,  a  iriajor  factor  in  these  differences  is  racial  isola- 
tion itself,  even  when  social-class  factors  are  held  constant.  Just  as  segre- 
gation imposed  by  law  was  held  in  Brown  to  create  feelings  of  inferiority 
among  students  affecting  their  motivation  and  ability  to  learn,  so  there  is 
evidence  that  adventitious  segregation  is  accompanied  by  a  stigma  which 
has  comparable  effects.  The  superior  "standing  in  the  community"  of 
the  white  law  school  in  Sweatt  v.  Painter  ^^ — a  superiority  which  the 
Court  held  to  conflict  with  the  equal  protection  clause — is  echoed  in  the 
superior  reputation  of  predominantly  white  elementary  and  secondary 
schools  as  compared  to  similar  institutions  which  are  predominantly 
Negro  and  stigmatized  in  the  eyes  of  the  community  as  well  as  in  the 
eyes  of  the  teachers  and  students. 

The  deprivation  of  educational  contact  with  the  majority  group  which 
the  Court  deemed  so  important  in  Sweatt  because  that  group  included 
most  of  the  lawyers,  jurors,  and  witnesses  with  whom  a  lawyer  inevitably 
deals,  finds  its  analogue  in  the  limited  opportunity  for  educational  associa- 
tion with  members  of  the  majority  group  available  to  Negro  students  in 
predominantly  Negro  elementary  or  secondary  schools.  Lack  of  con- 
tact with  white  persons  impairs  the  ability  of  the  Negro  student  to  relate 
to  members  of  a  group  with  whom  he  later  may  have  to  associate  to 
achieve  success  in  the  job  market  and  in  other  areas  of  life. 

Where  a  State  law  or  policy  has  a  discriminatory  effect,  a  discrimina- 
tory purpose  need  not  be  shown.^-  Just  as  in  reapportionment  cases  the 
courts  have  not  demanded  a  showing  of  discriminatory  purpose  in  requir- 
ing the  correction  of  an  imbalance  in  the  allocation  of  seats  in  the  legis- 
lature resulting  from  legislative  inaction  in  the  face  of  population  shifts, 
no  discriminatory  purpose  need  be  shown  to  invalidate  racial  imbalance 
in  the  schools,  which  frequently  is  the  product  of  administrative  inac- 
tion in  the  face  of  population  changes  in  the  racial  composition  of 
neighborhoods.^^ 

There  are  still  other  bases  upon  which  Congress  constitutionally  may 
legislate  to  correct  racial  imbalance.  As  shown  in  Chapter  2  and  in  the 
legal  appendix,  discriminatory  policies  of  the  Federal  Housing  Adminis- 
tration (FHA) ,  in  violation  of  the  due-process  clause  of  the  5th  amend- 


='  339  U.S.  at  634. 

""^Griffin  V.  Illinois,  351  U.S.  12  (1956);  Douglas  v.  California,  372  U.S.  353 
(1963)  ;  Harper  v.  Virginia  State  Board  of  Elections,  383  U.S.  663  (1966).  See  Ri^e 
V.  Elmore,  165  F.  2d  387,  392  (4th  Cir.  1947),  cert,  denied,  333  U.S.  875  (1948). 

"^  Baker  v.  Carr,  369  U.S.  186  (1962);  Reynolds  v.  Sims,  377  U.S.  533  (1964); 
Hearne  v.  Smylie,  225  F.  Supp.  645  (D.  Idaho  1964),  rev'd  per  curiam,  378  U.S. 
563  (1964). 


191 


ment,^*  and  discriminatory  practices  and  other  actions  of  State  and  local 
agencies  in  violation  of  the  14th  amendment,  including  judicial  enforce- 
ment of  racially  restrictive  covenants,  have  played  an  important  role  in 
present  patterns  of  housing  segregation.  Congress,  which  even  without 
any  express  authorization  has  the  power  to  implement  any  right  secured 
by  the  Constitution,^^  may  act  to  insure  that  5th  amendment  violations 
by  the  Federal  Government  are  not  compounded  by  the  States,  and  that 
the  States  do  not  perpetuate  their  own  violations  of  the  Constitution, 
through  the  application  of  the  neighborhood  school  poHcy,  even  assuming 
that  such  a  policy  is  not  otherwise  discriminatory. 

Congress  may  require  the  States  to  provide  metropolitan  solutions, 
either  through  reorganization  of  school  districts  or  cooperative  arrange- 
ments among  school  districts,  where  racial  isolation  cannot  be  corrected 
within  the  limits  of  the  central  city.  The  equal  protection  clause  speaks 
to  the  State,'''  and  school  districts  are  creatures  of  the  State.^'  A  State 
cannot  avoid  its  constitutional  obligation  to  afford  its  school  children 
equal  protection  of  the  laws  by  pointing  to  the  distribution  of  power 
between  itself  and  its  subdivisions — a  distribution  which  the  State  itself 
has  created.  "If  the  rule  were  otherwise,  the  great  guarantee  of  the  equal 
protection  clause  would  be  meaningless."  ^^ 

In  legislating  to  implement  the  14th  amendment,  Congress  need  not 
limit  itself  to  suspending  offensive  State  legislation  but,  like  the  courts, 
may  require  States  to  take  affirmative  steps  to  secure  equal  rights.^'' 
Inconsistent  State  statutes  or  constitutional  provisions,  of  course,  must 
yield  to  the  lawful  acts  of  Congress  under  the  supremacy  clause  of  the 
Constitution.''" 

There  is  ample  basis  for  concluding,  therefore,  that  Congress  can  enact 
the  laws  necessary  to  eliminate  racial  isolation  and  to  secure  to  Negroes 
equality  of  opportunity  in  the  public  schools. 

'♦FHA  "Underwriting  Manual,"  pt.  II,  sec.  304  (1935);  pt.  II,  sec.  228  (1936); 
Boiling  V.  Sharpe,  347  U.S.  497  ( 1954) . 

'■^Strauder  v.  West  Virginia,  100  U.S.  303,  310-311  (1880)  ;  Prigg  v.  Pennsylvania. 
16  Pet.  539  (1842)  ;  Ableman  v.  Booth,  21  How.  506  (1859)  ;  Burroughs  and  Cannon 
V.  United  States,  290  U.S.  534  (1934). 

'"  Griffin  V.  County  School  Board,  377  U.S.  218  (1964)  ;  Hall  v.  St.  Helena  Parish 
School  Board,  197  F.  Supp.  649  (E.D.  La.  1961),  aff'd,  368  U.S.  515  (1962). 

"  Hunter  V.  City  of  Pittsburgh,  207  V. S.  161,178  (1907). 

■■"^  Hall  V.  St.  Helena  Parish  School  Board,  197  F.  Supp.  at  658. 

"■'  Sec  Gideon  v.  Wainwright,  372  U.S.  335  (1963)  ;  Douglas  v.  California,  372  U.S. 
353  (1963)  ;  Griffin  v.  Illinois,  351  U.S.  12  (1956)  ;  Reynolds  v.  Sims,  377  U.S.  433 
(1964)  ;  South  Carolina  v.  Katzenbach,  383  U.S.  301  (1966)  ;  Katzenbach  v.  Morgan, 
384  U.S.  641  (1966). 

'"  McCulloch  V.  Maryland,  4  Wheat.  316(1819). 


I 


192 


Conclusion 


The  central  truth  which  emerges  from  this  report  and  from  all  of  the 
Commission's  investigations  is  simply  this :  Negro  children  suffer  serious 
harm  when  their  education  takes  place  in  public  schools  which  are 
racially  segregated,  whatever  the  source  of  such  segregation  may  be. 

Negro  children  who  attend  predominantly  Negro  schools  do  not 
achieve  as  well  as  other  children,  Negro  and  white.  Their  aspirations 
are  more  restricted  than  those  of  other  children  and  they  do  not  have 
as  much  confidence  that  they  can  influence  their  own  futures.  When 
they  become  adults,  they  are  less  likely  to  participate  in  the  mainstream 
of  American  society,  and  more  likely  to  fear,  dislike,  and  avoid  white 
Americans.  The  conclusion  drawn  by  the  U.S.  Supreme  Court  about 
the  impact  upon  children  of  segregation  compelled  by  law — that  it 
"affects  their  hearts  and  minds  in  ways  unlikely  ever  to  be  undone" — 
applies  to  segregation  not  compelled  by  law. 

The  major  source  of  the  harm  which  racial  isolation  inflicts  upon 
Negro  children  is  not  difficult  to  discover.  It  lies  in  the  attitudes  which 
such  segregation  generates  in  children  and  the  effect  these  attitudes  have 
upon  motivation  to  learn  and  achievement.  Negro  children  believe  that 
their  schools  are  stigmatized  and  regarded  as  inferior  by  the  community 
as  a  whole.  Their  belief  is  shared  by  their  parents  and  by  their  teachers. 
And  their  belief  is  founded  in  fact. 

Isolation  of  Negroes  in  the  schools  has  a  significance  different  from 
the  meaning  that  religious  or  ethnic  separation  may  have  had  for  other 
minority  groups  because  the  history  of  Negroes  in  the  United  States  has 
been  different  from  the  history  of  all  other  minority  groups.  Negroes 
in  this  country  were  first  enslaved,  later  segregated  by  law,  and  now 
are  segregated  and  discriminated  against  by  a  combination  of  govern- 
mental and  private  action.  They  do  not  reside  today  in  ghettos  as  the 
result  of  an  exercise  of  free  choice  and  the  attendance  of  their  children 
in  racially  isolated  schools  is  not  an  accident  of  fate  wholly  unconnected 
with  deliberate  segregation  and  other  forms  of  discrimination.  In  the 
light  of  this  history,  the  feelings  of  stigma  generated  in  Negro  children 
by  attendance  at  racially  isolated  schools  are  realistic  and  cannot  easily 
be  overcome. 


I 


193 


Barriers  to  Understanding 

Many  Americans  have  sensed  the  grave  injustice  that  racial  isolation 
inflicts  upon  Negro  children.  But  the  need  for  a  remedy  sufficient  to 
meet  the  injustice  perceived  has  been  obscured  by  the  existence  of  other 
factors  that  contribute  to  educational  disadvantage. 

Thus,  it  is  said  with  truth  that  Negro  children  often  are  handicapped 
in  school  because  they  come  from  poor  and  ill-educated  families.  But 
the  conclusion  drawn  by  a  few  pessimistic  educators  that  the  school  can- 
not be  expected  to  deal  with  these  deficits  does  injustice  both  to  the 
children  involved  and  to  American  education.  For  the  very  purpose 
of  American  public  education  from  Jefferson's  time  to  the  present  has 
been  to  help  youngsters  surmount  the  barriers  of  poverty  and  limited 
backgrounds  to  enable  them  to  develop  their  talents  and  to  participate 
fully  in  society.  The  tributes  accorded  to  public  education  stem  largely 
from  the  fact  that  it  has  served  this  role  so  successfully  for  so  many 
Americans — Negroes  as  well  as  whites.  This  record  affords  ample 
grounds  for  hope  that  education  can  meet  today's  challenge  of  pre- 
paring Negro  children  to  participate  in  American  society.  Counsels 
of  despair  will  be  in  order  only  if,  after  having  done  everything  to  create 
the  conditions  for  success,  we  have  failed. 

It  also  is  said  with  truth  that  disadvantaged  Negro  youngsters  are  in 
need  of  special  attention,  smaller  classes,  a  better  quality  of  instruction, 
and  teachers  better  prepared  to  understand  and  set  high  standards  for 
them.  But  the  suggestion  that  this  is  all  that  is  needed  finds  little 
support  in  our  experience  to  date  with  efforts  to  provide  compensatory 
education.  The  weakest  link  in  these  efforts  appears  to  be  those  programs 
which  attempt  to  instill  in  a  child  feelings  of  personal  worth  and  dignity 
in  an  environment  in  which  he  is  surrounded  by  visible  evidence  which 
seems  to  deny  his  value  as  a  person.  This  does  not  appear  to  be  a  problem 
which  will  yield  easily  to  additional  infusions  of  money.  More  funds 
clearly  are  required  and  investments  in  programs  that  will  improve 
teaching  and  permit  more  attention  to  the  individual  needs  of  students 
undoubtedly  will  benefit  many  children.  The  evidence  suggests,  how- 
ever, that  the  better  services  additional  funds  will  provide  will  not  be 
fully  effective  in  a  racially  isolated  environment,  but  only  in  a  setting 
which  supports  the  teacher's  effort  to  help  each  child  to  understand  that 
he  is  a  valuable  person  who  can  succeed. 

Finally,  it  is  held  often  that  the  problem  of  educational  disadvantage 
is  one  of  class,  not  race.  And  it  is  true  that  an  important  key  to  pro- 
viding good  education  for  disadvantaged  youngsters  lies  in  affording  them 
the  opportunity  to  attend  school  with  children  who,  by  reason  of  their 
parents'  education  and  income,  have  a  genuine  headstart.  Children 
benefit  from  association  in  schools  with  others  more  advantaged  than  they 
and  from  a  classroom  environment  which  permits  the  establishment  of 

194 


high  standards  toward  which  they  must  strive.  But,  as  a  practical  mat- 
ter, the  relatively  small  numbers  of  middle-class  Negro  children  in  the 
public  schools  means  that  it  will  be  possible  to  provide  social  class  inte- 
gration only  by  providing  racial  integration.  And  even  if  social  class 
integration  could  be  accomplished  without  racial  integration,  the  remedy 
would  be  partial  and  inadequate,  for  children  would  still  be  attending 
schools  stigmatized  because  of  race. 

Thus,  the  complexity  of  the  problem  of  educational  disadvantage 
should  not  be  allowed  to  obscure  the  central  fact — that  racial  isolation  is 
the  heart  of  the  matter  and  that  enduring  solutions  will  not  be  possible 
until  we  deal  with  it. 


Barriers  to  Remedy 


More  fundamental  perhaps  than  the  difficulties  of  understanding  the 
problem  of  racial  isolation  is  the  belief  held  by  many  Americans  that 
solutions  will  require  both  change  and  sacrifice. 

Change  certainly  will  be  required.  As  our  cities  have  grown,  in- 
creasing distances,  physical  and  psychological,  have  separated  the  affluent 
majority  from  disadvantaged  minorities.  We  have  followed  practices 
which  exclude  racial  and  economic  minorities  from  large  areas  of  the  city 
and  we  have  created  structures,  such  as  our  method  of  financing  educa- 
tion, which,  by  providing  more  attractive  facilities  with  less  tax  effort, 
tend  to  attract  the  affluent  to  the  very  areas  from  which  minorities  are 
excluded.  And  the  fact  of  racial  and  economical  separation  itself  has 
generated  attitudes  which  make  integration  increasingly  difficult.  The 
lines  of  separation  are  now  well  established,  self-perpetuating,  and  very 
difficult  to  reverse. 

Because  of  the  difficulties  cf  effecting  change,  it  has  been  tempting  to 
think  in  terms  of  remedies  which  will  require  a  minimum  of  effort  on  the 
part  of  the  schools  and  least  disrupt  the  educational  status  quo.  So  it 
has  been  suggested  that  the  problem  of  securing  equal  educational  oppor- 
tunity is  really  a  problem  of  housing,  and  that  if  discrimination  in  housing 
can  be  eliminated  it  will  be  possible  to  desegregate  the  schools  without 
changing  existing  school  patterns.  But  such  a  solution  would  require 
vast  changes  in  an  area  where  resistance  to  change  is  most  entrenched. 
Laws  designed  to  secure  an  open  market  in  housing  are  needed  now,  but 
the  attitudes  fostered  in  segregated  schools  and  neighborhoods  make  it 
unlikely  that  such  legislation  will  be  fully  effective  for  years.  To  make 
integrated  education  dependent  upon  open  housing  is  to  consign  at  least 
another  generation  of  children  to  racially  isolated  schools  and  to  lengthen 
the  time  that  will  be  required  to  overcome  housing  discrimination. 

Similarly,  it  has  been  suggested  that  if  integration  were  to  be  sought 
only  at  the  high  school  level,  it  would  be  accomplished  with  relative  ease 
and  without  unduly  disturbing  existing  attendance  patterns.     But  the 

195 


hard  fact  is  that  attitudes  toward  learning  are  formed  during  a  child's 
early  years,  and  it  is  in  this  period  that  the  educational  process  has  its 
greatest  impact,  positive  or  negative.  Remedies  that  are  not  instituted 
until  children  reach  high  school  are  those  least  likely  to  be  successful. 

Thus,  it  appears  that  meaningful  remedy  will  require  an  alteration 
of  the  status  quo;  but  in  a  changing  world,  change  is  hardly  to  be  re- 
sisted for  its  own  sake,  particularly  when  it  is  designed  to  create  a  more 
just  society.  A  more  substantial  question  for  many  white  American 
parents  is  whether  what  is  required  to  right  a  wrong  this  Nation  has 
inflicted  upon  Negro  children  will  impair  the  interests  of  their  children. 

It  is  relevant  to  begin  such  an  inquiry  by  asking  whether  the  racially 
isolated  education  most  white  children  receive  now  causes  them  any 
injury.  There  is  evidence  in  this  report  which  suggests  that  children 
educated  in  all-white  institutions  are  more  likely  than  others  to  develop 
racial  fears  and  prejudices  based  upon  lack  of  contact  and  information. 
Although  it  cannot  be  documented  in  traditional  ways,  we  believe  that 
white  children  are  deprived  of  something  of  value  when  they  grow  up  in 
isolation  from  children  of  other  races,  when  their  self-esteem  and  assur- 
ance may  rest  in  part  upon  false  notions  of  racial  superiority,  when  they 
are  not  prepared  by  their  school  experience  to  participate  fully  in  a  world 
rich  in  human  diversity.  These  losses,  although  not  as  tangible  as  those 
which  racial  isolation  inflicts  upon  Negro  youngsters,  are  real  enough  to 
deserve  the  attention  of  parents  concerned  about  their  children's 
development. 

Unfortunately,  they  do  not  seem  as  real  to  many  parents  as  the  feared 
consequences  of  integration.  The  fears  most  frequently  articulated  are 
that  integration  will  destroy  the  concept  of  neighborhood  schools  and 
will  require  the  busing  of  children  over  long  distances.  The  values  of 
neighborhood  and  proximity,  of  course,  are  relative.  In  today's  world, 
all  of  us,  adults  and  children,  are  residents  of  many  neighborhoods  and 
communities,  large  and  small.  We  do  not  hesitate  to  bus  our  children 
long  distances  in  rural  areas,  or,  in  cities,  to  private  schools  or  to  other 
schools  offering  special  advantages.  Thus,  the  issue  is  not  whether  small 
neighborhood  schools  are  good  or  busing  bad,  per  se,  but  whether  the 
interests  of  our  children  will  be  served  or  impaired  by  particular  proposals 
or  solutions.  Will  our  children  be  held  back  by  being  placed  in  classes 
with  children  of  other,  less  advantaged  backgrounds?  Will  the  educa- 
tion provided  at  the  end  of  a  trip  be  as  good  as,  or  better  than,  the  educa- 
tion our  children  presently  receive? 

Most  often  these  issues  have  been  debated  in  the  context  of  the  inner- 
city,  in  circumstances  which  have  made  it  easy  for  fears  to  be  magnified 
and  exaggerated.  The  image  conjured  up  in  the  minds  of  many  parents 
has  been  one  in  which  their  children  are  cross-bused  to  ghetto  schools 
and  taught  in  classrooms  populated  by  large  numbers  of  disadvantaged 
children  and  lacking  in  essential  services.     Moreover,  ethnic  and  class 

196 


I 

tensions  have  been  aroused  by  proposals  for  partial  solutions  which  appear 
to  place  more  responsibilities  upon  less  affluent  whites  than  upon  those 
who  are  better  off. 

The  fundamental  answer  to  these  fears  is  that  solutions  sought  must 
be  those  that  will  not  only  remedy  injustice,  but  improve  the  quality  of 
education  for  all  children.  The  Commission  has  been  convinced,  both 
by  practical  demonstrations  and  by  sound  proposals,  that  such  solutions 
are  available. 

While  public  attention  has  been  focused  upon  the  more  dramatic  con- 
troversies, many  small  cities  and  suburban  communities  in  the  Nation 
have  quietly  integrated  their  schools.  By  a  variety  of  techniques  these 
communities  have  achieved  their  goal  by  substituting  community  schools 
for  those  serving  smaller  neighborhoods.  In  most  cases  the  issue  has  been 
approached  calmly  and  compassionately,  with  a  view  toward  improving 
the  quality  of  education  for  all  children.  Steps  have  been  taken  to  main- 
tain and  improve  educational  standards,  to  avoid  the  possibility  of  inter- 
racial frictions,  and  to  provide  remedial  services  for  children  who  need 
them.  And,  in  m^ost  cases,  the  conclusion  has  been  that  advantaged 
children  have  not  suffered  from  educational  exposure  to  others  not  as 
well  off,  and  that  the  results  have  been  of  benefit  to  all  children,  white  and 
Negro  alike. 

In  larger  cities,  while  efforts  to  achieve  integration  have  been  frag- 
mentary and  in  many  cases  more  recent,  the  results  generally  have  been 
the  same.  The  most  recent  efforts,  admittedly  embryonic,  involving 
cooperation  between  suburban  and  city  school  districts  in  metropolitan 
areas  have  met  with  favorable  reactions  from  those  involved.  Negro 
parents  have  reported  that  the  values  of  better  education  have  not  been 
diminished  by  the  bus  trips  necessary  to  obtain  it.  White  parents  have 
reported  that  their  children  have  benefited  from  the  experience.  And 
administrators  and  teachers  have  described  the  educational  results  as 
positive. 

Fears  of  the  unknown,  therefore,  are  being  refuted  by  practical  experi- 
ence. Efforts  to  achieve  integration  by  establishing  schools  serving  a 
wider  community  clearly  will  be  more  difficult  and  costly  in  large  cities 
than  in  smaller  cities  and  suburban  communities,  but  there  is  every  in- 
dication that  they  will  yield  beneficial  results. 

Equally  as  important,  the  establishment  of  schools  serving  larger  stu- 
dent populations  is  consistent  with  what  leading  educators  believe  is 
necessary  to  improve  the  quality  of  education  for  all  Americans.  Educa- 
tion which  meets  the  needs  of  a  technological  society  requires  costly 
equipment  which  cannot  be  provided  economically  in  schools  which  serve 
small  numbers  of  students.  Further,  educators  have  concluded  that 
larger  facilities  will  provide  more  scope  for  innovation  and  individual 
initiative  in  the  development  of  curriculum  and  teaching  techniques. 
Efforts  to  stimulate  such  initiative  in  small  school  units  have  been  frus- 
trated by  lack  of  available  resources. 

197 

94^-fi'?7    n   -    fi7    -    Id 

i 


243-637   O  -  67  -  14 


At  the  same  time,  educators  have  concluded  that  in  larger  facilities 
techniques  would  be  available  to  teachers  which  would  permit  them  to 
give  more  attention  to  the  individual  needs  of  children.  It  has  been 
pointed  out,  for  example,  that  the  present  rigid  system  of  classifying  and 
teaching  students  by  grades,  with  the  limited  options  of  promoting  or 
keeping  a  child  back,  does  not  permit  the  full  development  of  each  indi- 
vidual child's  abilities.  The  availability  of  more  flexible  classroom 
space  would  make  possible  the  utilization  of  nongraded  classes  and  team 
teaching  in  ways  which  would  allow  for  greater  attention  to  the  individual 
needs  and  capabilities  of  students.  Although  the  development  of  com- 
puter technology  is  at  a  very  early  stage,  there  is  evidence  to  suggest  that 
it  too  may  become  a  valuable  aid  to  teachers  in  meeting  the  needs  of  indi- 
vidual children.  Thus,  the  development  of  new  schools  serving  larger 
populations  would  make  possible  the  use  of  techniques  and  instruments 
that  would  improve  the  quality  of  education  for  all  students.  They  hold 
forth  the  promise  that  means  can  be  devised  to  assure  that  the  advance- 
ment of  a  child  is  not  held  back  by  the  capabilities  of  any  of  his  class- 
mates— advantaged  or  disadvantaged. 

Thus,  although  many  would  argue  that  a  wrong  which  we  as  a  Nation 
have  inflicted  upon  Negro  children  must  be  righted  even  if  it  required 
real  sacrifice,  it  is  not  necessary  to  face  this  dilemma.  The  goals  of 
providing  equal  educational  opportunity  for  Negro  Americans  and  qual- 
ity education  for  all  children  are  consistent  and  the  measures  which  will 
produce  both  in  many  respects  are  identical.  The  only  sacrifice  required 
is  that  of  our  resources  and  energies  in  securing  these  goals. 

The  Commission  has  approached  the  question  of  remedy  with  the 
belief  that  it  would  be  unwise,  if  not  impossible,  to  prescribe  uniform 
solutions  for  the  Nation.  We  believe  that  there  is  an  evil  which  must 
be  corrected.  We  believe  that  the  Federal  Government  has  the  author- 
ity, the  responsibility,  and  the  means  to  assure  that  it  is  corrected.  We 
have  satisfied  ourselves  that  remedies  are  available  which  will  provide 
better  education  for  all  American  children  and  we  believe  that  there  are 
people  in  all  sections  of  the  Nation  with  enough  wisdom  and  ingenuity 
to  devise  solutions  appropriate  to  the  particular  needs  of  each  area.  The 
remaining  question  is  whether  this  Nation  retains  the  will  to  secure  equal 
justice  and  to  build  a  better  society  for  all  citizens.  The  Commission 
issues  this  report  in  the  knowledge  that  this  Nation  has  dedicated  itself 
to  great  tasks  before,  and  with  the  faith  that  it  is  prepared  to  do  so  again. 


198 


Findings 

Racial  Isolation:  Extent  and  Context 


Extent 

1.  Racial  isolation  in  the  public  schools  is  intense  throughout  the 
United  States.  In  the  Nation's  metropolitan  areas,  where  two-thirds 
of  both  the  Negro  and  white  population  now  live,  it  is  most  severe. 
Seventy-five  percent  of  the  Negro  elementary  students  in  the  Nation's 
cities  are  in  schools  with  enrollments  that  are  nearly  all-Negro  (90  per- 
cent or  more  Negro) ,  while  83  percent  of  the  white  students  are  in  nearly 
all-white  schools.  Nearly  nine  of  every  10  Negro  elementary  students 
in  the  cities  attend  majority-Negro  schools. 

2.  This  high  level  of  racial  separation  in  city  schools  exists  whether  the 
city  is  large  or  small,  whether  the  proportion  of  Negro  enrollment  is 
large  or  small,  and  whether  the  city  is  located  North  or  South. 

Trefids 

3.  Racial  isolation  in  the  public  schools  has  been  increasing.  Over 
recent  years  Negro  elementary  school  enrollment  in  northern  city  school 
systems  has  increased,  as  have  the  number  and  proportion  of  Negro  ele- 
mentary students  in  majority-Negro  and  nearly  all-Negro  schools.  Most 
of  this  increase  has  been  absorbed  in  schools  which  are  now  more  than  90 
percent  Negro,  and  almost  the  entire  increase  in  schools  which  are 
now  majority-Negro.  There  is  evidence  to  suggest  that  once  a  school 
becomes  almost  half-  or  majority-Negro,  it  tends  rapidly  to  become 
nearly  all-Negro. 

4.  In  Southern  and  border  cities,  although  the  proportion  of  Negroes 
in  all-Negro  schools  has  decreased  since  the  1954  Supreme  Court  decision 
in  Brown  v.  Board  of  Education,  a  rising  Negro  enrollment,  combined 
with  only  slight  desegregation,  has  produced  a  substantial  increase  in  the 
number  of  Negroes  attending  nearly  all-Negro  schools. 

199 


Population  Movements  in  Metropolitan  Areas 

5.  The  Nation's  metropolitan  area  populations  are  growing  and  are 
becoming  increasingly  separated  by  race.  Between  1940  and  1960, 
the  increase  of  Negroes  in  metropolitan  areas  occurred  mainly  in  the 
central  cities  while  the  white  increase  occurred  mainly  in  the  suburbs. 
These  trends  are  continuing. 

6.  The  trends  are  reflected  among  school-age  children. 

[a)  By  1960,  four  of  every  five  nonwhite  school-age  children  in 
metropolitan  areas  lived  in  central  cities  while  nearly  three  of  every  five 
white  children  lived  in  the  suburbs. 

{b)  Negro  schoolchildren  in  metropolitan  areas  increasingly  are 
attending  central  city  schools  and  white  children,  suburban  schools. 

[c)  A  substantial  number  of  major  cities  have  elementary  school  en- 
rollments that  are  more  than  half -Negro. 

Causes  of  Racial  Isolation 

Metropolitan  Dimensions 

1.  The  Nation's  metropolitan  area  populations  also  are  becoming 
increasingly  separated  socially  and  economically.  There  are  widening 
disparities  in  income  and  educational  level  between  families  in  the  cities 
and  families  in  the  suburbs.  People  who  live  in  the  suburbs  increasingly 
are  more  wealthy  and  better  educated  than  people  who  live  in  the  cities. 

2.  The  increasing  racial,  social,  and  economic  separation  is  reflected 
in  the  schools.  School  districts  in  metropolitan  areas  generally  do  not 
encompass  both  central  city  and  suburban  residents.  Thus,  central  city 
and  suburban  school  districts,  like  the  cities  and  suburbs  themselves, 
enclose  separate  racial,  economic,  and  social  groups. 

3.  Racial,  social,  and  economic  separation  between  city  and  suburb 
is  attributable  in  large  part  to  housing  pohcies  and  practices  of  both 
private  industry  and  government  at  all  levels. 

(a)  The  practices  of  the  private  housing  industry  have  been  dis- 
criminatory and  the  housing  produced  in  the  suburbs  generally  has  been 
at  prices  only  the  relatively  affluent  can  afford. 

( b )  Local  governments  in  suburban  areas  share  the  responsibility  for 
residential  segregation.  Residential  segregation  has  been  established 
through  such  means  as  racially  restrictive  zoning  ordinances,  racially  re- 
strictive covenants  capable  of  judicial  enforcement,  administrative  de- 
terminations on  building  permits,  inspection  standards  and  location  of 
sewer  and  water  facilities,  and  use  of  the  power  of  eminent  domain, 
suburban  zoning,  and  land  use  requirements  to  keep  Negroes  from 
entering  all-white  communities. 

200 


(c)  Federal  housing  policy  has  contributed  to  racial  segregation  in 
metropolitan  areas  through  past  discriminatory  practices.  Present  non- 
discrimination policies  and  laws  are  insufficient  to  counteract  the  effects 
of  past  policy. 

(d)  Laws  and  policies  governing  low-  and  moderate-income  hous- 
ing programs,  including  public  housing,  the  FHA  221  (d)  (3)  program, 
and  the  rent  supplement  program,  serve  to  confine  the  poor  and  the 
nonwhite  to  the  central  city.  Under  each  of  these  programs,  suburban 
jurisdictions  hold  a  special  veto  power, 

4.  Racial  and  economic  isolation  between  city  and  suburban  school 
systems  is  reinforced  by  disparities  of  wealth  between  cities  and  suburbs 
and  the  manner  in  which  schools  are  financed. 

(a)  Schools  are  financed  by  property  tax  levies  which  make  educa- 
tion dependent  on  the  wealth  of  the  community. 

{b)  Suburbs  with  increasing  industry  and  increasing  numbers  of 
affluent  people  have  a  large  tax  base  and  are  able  to  finance  their  schools 
with  less  effort. 

(c)  Cities  with  shrinking  industry,  a  disproportionate  share  of  the 
poor,  and  increasing  costs  for  non-educational  services  to  both  residents 
and  nonresidents,  are  less  able  to  provide  the  required  revenue  for  schools. 

(d)  State  educational  aid  for  schools,  though  designed  to  equalize, 
often  does  not  succeed  in  closing  the  gap  between  city  and  suburban 
school  districts. 

{e)  Federal  aid  at  present  levels  in  most  instances  is  insufficient  to 
close  the  gap  between  central  city  school  districts  and  those  of  more 
affluent  suburbs. 

(/)  These  disparities  provide  further  inducement  to  many  white 
families  to  leave  the  city. 

Racial  Isolation  and  the  Central  City 

5.  Within  cities,  as  within  metropolitan  areas,  there  is  a  high  degree  of 
residential  segregation — reflected  in  the  schools — for  which  responsibility 
is  shared  by  both  the  private  housing  industry  and  government. 

( a )  The  discriminatory  practices  of  city  landlords,  lending  institutions, 
and  real  estate  brokers  have  contributed  to  the  residential  confinement  of 
Negroes. 

[b)  State  and  local  governments  have  contributed  to  the  pattern  of 
increasing  residential  segregation  through  such  past  discriminatory  prac- 
tices as  racial  zoning  ordinances  and  racially  restrictive  covenants  capable 
of  judicial  enforcement.  Current  practices  in  such  matters  as  the  location 
of  low-rent  pubHc  housing  projects,  and  the  displacement  of  large  num- 
bers of  low-income  nonwhite  families  through  local  improvement  pro- 
grams also  are  intensifying  residential  segregation. 

201 


(c)  Federal  housing  programs  and  policies  serve  to  intensify  racial 
concentrations  in  cities.  Federal  policies  governing  low-  and  moderate- 
income  housing  programs  such  as  low-rent  public  housing  and  FHA 
221  (d)  (3)  do  not  promote  the  location  of  housing  outside  areas  of  in- 
tense racial  concentration.  Federal  urban  renewal  policy  is  insufficiently 
concerned  with  the  impact  of  relocation  on  racial  concentrations  within 
cities. 

6.  Individual  choice  contributes  to  the  maintenance  of  residential 
segregation,  although  the  impact  of  such  choice  is  difficult  to  assess  since 
the  housing  market  has  been  restricted. 

7.  In  all  central  cities,  as  compared  to  their  suburbs,  nonpublic  schools 
absorb  a  disproportionately  large  segment  of  the  white  school  popula- 
tion; nonwhites,  however,  whether  in  city  or  suburbs,  attend  public 
schools  almost  exclusively. 

Educational  Policies  and  Practices 

8.  The  policies  and  practices  of  city  school  systems  have  a  marked 
impact  on  the  racial  composition  of  schools. 

[a)  Geographical  zoning,  the  most  commonly  used  form  of  student 
assignment  in  northern  cities,  has  contributed  to  the  creation  and  mainte- 
nance of  racially  and  socially  homogeneous  schools. 

( b )  School  authorities  exercise  broad  discretion  in  determining  school 
attendance  areas,  which  in  most  communities  are  not  prescribed  by  ref- 
erence to  well-defined  neighborhoods  or  by  specific  guidelines  based  on 
the  optimum  size  of  schools. 

(<:)  In  determining  such  discretionary  matters  as  the  location  and 
size  of  schools,  and  the  boundaries  of  attendance  areas,  the  decisions  of 
school  officials  may  serve  either  to  intensify  or  reduce  racial  concentra- 
tions. Although  there  have  been  only  a  few  instances  where  purposeful 
segregation  has  been  judicially  determined  to  exist  in  the  North,  ap- 
parently neutral  decisions  by  school  officials  in  these  areas  frequently 
have  had  the  effect  of  reinforcing  racial  separation  of  students. 

{d)  In  Southern  and  border  cities,  similar  decisions  of  school  officials, 
combined  with  a  high  degree  of  residential  racial  concentration  and  rem- 
nants of  legally  compelled  segregation,  have  had  the  effect  of  perpetuat- 
ing racial  isolation  in  the  schools. 

Racial  Isolation  and  the  Outcomes  of 
Education 

1.  There  are  marked  disparities  in  the  outcomes  of  education  for 
Negro  and  white  Americans.  Negro  students  typically  do  not  achieve 
as  well  in  school  ,as  white  students.     The  longer  they  are  in  school  the 


202 


further  they  fall  behind.  Negroes  are  enrolled  less  often  in  college  than 
whites  and  are  much  more  likely  to  attend  high  schools  which  send  a 
relatively  small  proportion  of  their  graduates  to  college.  Negroes  with 
college  education  are  less  likely  than  similarly  educated  whites  to  be 
employed  in  white-collar  trades.  Negroes  with  college  education  earn 
less  on  the  average  than  high-school  educated  whites.  These  disparities 
result,  in  part,  from  factors  that  influence  the  achievement,  aspirations, 
and  attitudes  of  school  children. 

2.  There  is  a  strong  relationship  between  the  achievement  and  attitudes 
of  a  school  child  and  the  economic  circumstances  and  educational  back- 
ground of  his  family.  Relevant  factors  that  contribute  to  this  relationship 
include  the  material  deprivation  and  inadequate  health  care  that  chil- 
dren from  backgrounds  of  poverty  often  experience,  the  fact  that  dis- 
advantaged children  frequently  have  less  facility  in  verbal  and  written 
communication — the  chief  vehicle  by  which  schools  measure  student 
achievement — and  the  inability  of  parents  in  poor  neighborhoods  to 
become  as  involved  in  school  affairs  and  affect  school  policy  as  much 
as  more  affluent  parents. 

3.  The  social  class  of  a  student's  schoolmates — as  measured  by  the 
economic  circumstances  and  educational  background  of  their  families — 
also  strongly  influences  his  achievement  and  attitudes.  Regardless  of 
his  own  family  background,  an  individual  student  achieves  better  in 
schools  where  most  of  his  fellow  students  are  from  advantaged  back- 
grounds than  in  schools  where  most  of  his  fellow  students  are  from  dis- 
advantaged backgrounds.  The  relationship  between  a  student's  achieve- 
ment and  the  social  class  composition  of  his  school  grows  stronger  as  the 
student  progresses  through  school. 

4.  Negro  students  are  much  more  likely  than  white  students  to  attend 
schools  in  which  a  majority  of  the  students  are  disadvantaged.  The 
social  class  composition  of  the  schools  is  more  important  to  the  achieve- 
ment and  attitudes  of  Negro  students  than  whites. 

5.  There  are  noticeable  differences  in  the  quality  of  schools  which 
Negroes  attend  and  those  which  whites  attend.  Negro  students  are  less 
likely  than  whites  to  attend  schools  that  have  well-stocked  libraries. 
Negro  students  also  are  less  likely  to  attend  schools  which  offer  advanced 
courses  in  subjects  such  as  science  and  languages  and  are  more  likely  to 
be  in  overcrowded  schools  than  white  students.  There  is  some  relation- 
ship between  such  disparities  and  the  achievement  of  Negro  students. 

6.  The  quality  of  teaching  has  an  important  influence  on  the  achieve- 
ment of  students,  both  advantaged  and  disadvantaged.  Negro  students 
are  more  likely  than  white  students  to  have  teachers  with  low  verbal 
achievement,  to  have  substitute  teachers,  and  to  have  teachers  who  are 
dissatisfied  with  their  school  assignment. 

7.  The  relationship  between  the  quality  of  teaching  and  the  achieve- 
ment of  Negro  students  generally  is  greater  in  majority-Negro  schools 

203 


than  in  majority-white  schools.  Negro  students  in  majority-white  schools 
with  poorer  teachers  generally  achieve  better  than  similar  Negro  students 
in  majority-Negro  schools  with  better  teachers. 

8.  There  is  also  a  relationship  between  the  racial  composition  of  schools 
and  the  achievement  and  attitudes  of  most  Negro  students,  which  exists 
when  all  other  factors  are  taken  into  account. 

(a)  Disadvantaged  Negro  students  in  school  with  a  majority  of 
equally  disadvantaged  white  students  achieve  better  than  Negro  students 
in  school  with  a  majority  of  equally  disadvantaged  Negro  students. 

( b )  Differences  are  even  greater  when  disadvantaged  Negro  students 
in  school  with  a  majority  of  disadvantaged  Negro  students  are  compared 
with  similarly  disadvantaged  Negro  students  in  school  with  a  majority 
of  advantaged  white  students.  The  difTerence  in  achievement  for 
12th-grade  students  amounts  to  more  than  two  entire  grade  levels. 

(<:)  Negroes  in  predominantly  Negro  schools  tend  to  have  lower 
educational  aspirations  and  more  frequently  express  a  sense  of  inability 
to  influence  their  futures  by  their  own  choices  than  Negro  students  with 
similar  backgrounds  attending  majority-white  schools.  Their  fellow 
students  are  less  likely  to  offer  academic  stimulation. 

( d )  Predominantly  Negro  schools  generally  are  regarded  by  the  com- 
munity as  inferior  institutions.  Negro  students  in  such  schools  are  sensi- 
tive to  such  views  and  often  come  to  share  them.  Teachers  and  admin- 
istrative staff  frequently  recognize  or  share  the  community's  view  and 
communicate  it  to  the  students.  This  stigma  afTects  the  achievement 
and  attitudes  of  Negro  students. 

9.  The  effects  of  racial  composition  of  schools  are  cumulative.  The 
longer  Negro  students  are  in  desegregated  schools,  the  better  is  their 
academic  achievement  and  their  attitudes.  Conversely,  there  is  a  grow- 
ing deficit  for  Negroes  who  remain  in  racially  isolated  schools. 

10.  Racial  isolation  in  school  limits  job  opportunities  for  Negroes. 
In  general,  Negro  adults  who  attended  desegregated  schools  tend  to  have 
higher  incomes  and  more  often  fill  white-collar  jobs  than  Negro  adults 
who  went  to  racially  isolated  schools. 

1 1 .  Racial  isolation  is  self-perpetuating.  School  attendance  in  racial 
isolation  generates  attitudes  on  the  part  of  both  Negroes  and  whites 
which  tend  to  alienate  them  from  members  of  the  other  race.  These 
attitudes  are  reflected  in  behavior.  Negroes  who  attended  majority- 
white  schools  are  more  likely  to  reside  in  interracial  neighborhoods,  to 
have  children  in  majority-white  schools,  and  to  have  white  friends. 
Similarly,  white  persons  who  attended  school  with  Negroes  are  more 
likely  to  live  in  an  interracial  neighborhood,  to  have  children  who  attend 
school  with  Negroes,  and  to  have  Negro  friends. 


I 


204 


Remedy 

Compensatory  Programs  in  Isolated  Schools 

1.  Evaluations  of  programs  of  compensatory  education  conducted  in 
schools  that  are  isolated  by  race  and  social  class  suggest  that  these  pro- 
grams have  not  had  lasting  effects  in  improving  the  achievement  of  the 
students.  The  evidence  indicates  that  Negro  children  attending  desegre- 
gated schools  that  do  not  have  compensatory  education  programs  per- 
form better  than  Negro  children  in  racially  isolated  schools  with  such 
programs. 

2.  Compensator)'  education  programs  have  been  of  limited  effective- 
ness because  they  have  attempted  to  solve  problems  that  stem,  in  large 
part,  from  racial  and  social  class  isolation  in  schools  which  themselves 
are  isolated  by  race  and  social  class. 

3.  Large-scale  increases  in  expenditures  for  remedial  techniques,  such 
as  those  used  in  preschool  projects  funded  under  the  Head  Start  Pro- 
gram, which  improve  teaching  and  permit  more  attention  to  the  indi- 
vidual needs  of  children,  undoubtedly  would  be  helpful  to  many 
students,  although  it  is  uncertain  that  they  could  overcome  the  problems 
of  racial  and  social  class  isolation. 

4.  Compensatory  education  programs  on  the  present  scale  are  unlikely 
to  improve  significantly  the  achievement  of  Negro  students  isolated  by 
race  and  social  class. 

Desegregation 

5.  Sexeral  small  cities  and  suburban  communities  have  desegregated 
their  schools  effectively.  Although  a  variety  of  techniques  have  been 
used  in  these  communities,  a  major  part  of  each  plan  has  been  the 
enlargement  of  attendance  areas.  Desegregation  generally  has  been  ac- 
cepted as  successful  by  these  communities. 

6.  Factors  contributing  to  successful  school  desegregation  include  the 
exercise  of  strong  leadership  by  State  and  local  oiTicials  to  help  imple- 
ment desegregation,  the  involvement  of  all  schools  in  the  community, 
the  desegregation  of  classes  within  desegregated  schools,  steps  to  avoid  the 
possibility  of  interracial  friction,  and  the  provision  of  remedial  assistance 
to  children  who  need  it.     The  available  evidence  suggests  that  the  aca- 


205 


I 


demic  achievement  of  white  students  in  desegregated  classrooms  gen- 
erally does  not  suffer  by  comparison  with  the  achievement  of  such 
students  in  all-white  classrooms.  Steps  have  been  taken  in  communities 
that  have  desegregated  their  schools  successfully  to  maintain  or  improve 
educational  standards.  There  is  also  evidence  that  non-academic  bene- 
fits accrue  to  white  students  who  attend  desegregated  schools. 

7.  The  techniques  employed  by  large  city  school  systems  generally 
have  not  produced  any  substantial  school  desegregation. 

{a)  Techniques  such  as  open  enrollment  which  do  not  involve  the 
alteration  of  attendance  areas  have  not  produced  significant  school  de- 
segregation. The  efTectiveness  of  open  enrollment  is  limited  significantly 
by  the  availability  of  space  in  majority-white  schools  and  the  require- 
ment in  many  cases  that  parents  initiate  transfer  requests  and  pay  trans- 
portation costs.  Open  enrollment  also  does  not  result  in  desegregation 
of  majority-Negro  schools. 

( b )  Other  techniques  which  do  involve  the  alteration  of  attendance 
areas,  such  as  school  pairing,  have  not  been  as  successful  in  producing 
desegregation  in  large  cities  as  in  smaller  cities. 

8.  The  large  proportion  of  Negro  children  in  many  central  city  school 
systems  makes  effective  desegregation  possible  only  with  the  cooperation 
of  suburban  school  systems. 

9.  Programs  involving  urban-suburban  cooperation  in  the  desegrega- 
tion of  schools,  while  only  beginning  and  presently  very  limited,  show 
promise  as  techniques  for  desegregating  the  schools  in  the  Nation's  larger 
metropolitan  areas. 

10.  In  large  cities,  promising  proposals  have  been  developed  which 
seek  to  desegregate  schools  by  broadening  attendance  areas  so  that  school 
populations  will  be  more  representative  of  the  community  as  a  whole  and 
to  improve  the  quality  of  education  by  providing  additional  resources 
and  innovations  in  the  educational  program. 

(a)  Proposals  for  educational  facilities  such  as  supplementary'  educa- 
tion centers  and  magnet  schools,  which  contemplate  a  system  of  special- 
ized school  programs  located  either  in  existing  schools  or  in  new  facilities, 
and  education  complexes,  which  would  consist  of  clusters  of  existing 
schools  reorganized  to  provide  centralized  services  for  schoolchildren  in 
an  enlarged  attendance  area,  would  contribute  to  improving  the  quality 
of  education  and  would  provide  some  progress  in  school  desegregation. 

( b )  Proposals  for  education  parks,  designed  to  improve  the  quality  of 
education  and  desegregate  the  schools  by  pro\'iding  new  centralized  school 
facilities  serving  a  range  of  grade  levels  in  a  single  campus,  are  most  prom- 
ising. Such  parks  could  contribute  to  improving  the  quality  of  educa- 
tion by  permitting  advances  and  innovations  in  educational  techniques 
not  possible  in  smaller  schools  and  could  facilitate  desegregation  by  en- 
larging attendance  areas,  in  some  cases  to  draw  students  both  from  the 
central  city  and  the  suburbs.     Although  legitimate  concerns  have  been 

206 


raised  about  the  size  and  complexity  of  education  parks,  the  new  and 
flexible  approaches  to  teaching  and  learning  they  would  make  possible 
could  provide  greater  individual  attention  for  each  child's  needs  than 
is  now  possible  in  smaller  schools.  Additional  problems  relating  to  the 
cost  and  feasibility  of  education  parks  can  be  met  in  some  measure  by 
the  economies  which  are  made  possible  by  the  consolidation  of  resources 
in  larger  facilities.  Although  education  parks  would  require  a  substan- 
tial new  investment,  it  is  within  the  range  of  what  is  feasible  if  the  costs 
are  shared  by  the  Federal,  State,  and  local  governments. 

Racial  Isolation:  The  Role  of  the  Law 

1.  Purposeful  school  segregation — violative  of  the  Constitution — has 
occurred  in  Northern  cities. 

2.  It  remains  an  open  question  whether  school  segregation  which  is 
not  imposed  by  purposeful  action  of  school  authorities  violates  the  Con- 
stitution. The  Supreme  Court  of  the  United  States  has  not  resolved  the 
issue. 

3.  The  courts  consistendy  have  upheld  State  or  local  action  to  eUm- 
inate  or  alleviate  racial  isolation  in  the  public  schools  against  the  charge 
that  it  is  unconstitutional  to  consider  race  in  formulating  school  board 
policies.  Only  a  few  States  have  taken  any  action  to  require  local  school 
authorities  to  remedy  racial  isolation  in  their  schools. 

4.  Congress  has  passed  legislation  aimed  at  eliminating  racial  dis- 
crimination in  the  assignment  of  children  to  public  schools,  but  this 
legislation  does  not  appear  to  dictate  the  application  of  sanctions  not 
involving  purposeful  discrimination. 

5.  Congress  has  the  power  to  enact  legislation  to  remedy  the  inequality 
of  educational  opportunity  to  which  Negro  students  are  subjected  by  being 
assigned  to  racially  isolated  schools. 

6.  Congress,  with  its  ability  to  appropriate  funds,  is  the  branch  of 
Government  best  able  to  assure  quality  education  and  equal  educational 
opportunity. 


207 


Recommendations 

This  report  describes  conditions  that  result  in  injustices  to  children 
and  require  immediate  attention  and  action.  The  responsibilty  for  cor- 
rective action  rests  with  government  at  all  levels  and  with  citizens  and 
organizations  throughout  the  Nation.  We  must  commit  ourselves  as  a 
Nation  to  the  establishment  of  equal  educational  opportunity  of  high 
quality  for  all  children.  .45  an  important  means  of  fulfilling  this  na- 
tional goal,  the  Commission  recommends  that  the  President  and  the 
Congress  give  immediate  and  urgent  consideration  to  new  legislation 
for  the  purpose  of  removing  present  racial  imbalances  from  our  public 
schools,  thus  to  eliminate  the  dire  effects  of  racial  isolation  which  this 
report  describes,  and  at  long  last,  providing  real  equality  of  educational 
opportunity  by  integrating  presently  deprived  American  children  of  all 
races  into  a  totally  improved  public  educational  system. 

Without  attempting  to  outline  needed  legislation  in  great  detail,  our 
study  of  the  problem  convinces  the  Commission  that  new  legislation 
must  embody  the  following  essential  principles: 

1.  Congress  should  establish  a  uniform  standard  providing  for  the 
elimination  of  racial  isolation  in  the  schools. 

Since  large  numbers  of  Negro  children  suffer  harmful  effects  that  are 
attributable  in  part  to  the  racial  composition  of  schools  they  attend,  legis- 
lation should  provide  for  the  elimination  of  schools  in  which  such  harm 
generally  occurs.  No  standard  of  general  applicability  will  fit  every  case 
precisely;  some  schools  with  a  large  proportion  of  Negro  students  may 
not  in  fact  produce  harmful  effects  while  others  with  a  smaller  proportion 
may  be  schools  in  which  students  are  disadvantaged  because  of  their  race. 
But  the  alternative  to  establishing  such  a  standard  is  to  require  a  time- 
consuming  and  ineffective  effort  to  determine  on  a  case-by-case  basis  the 
schools  in  which  harm  occurs.  As  it  has  in  analogous  situations,  Congress 
should  deal  with  this  problem  by  establishing  reasonable  and  practical 
standards  which  will  correct  the  injustice  without  intruding  unnecessarily 
into  areas  where  no  corrective  action  is  needed. 

In  prescribing  a  reasonable  standard,  there  is  much  to  commend  the 
criterion  already  adopted  by  the  legislature  in  Massachusetts  and  the 
Commissioner  of  Education  of  New  York,  defining  as  racially  imbalanced, 
schools  in  which  Negro  pupils  constitute  more  than  50  percent  of  the 
total  enrollment.     It  was  found  in  this  report  that  when  Negro  students 


209 


I 


in  schools  with  more  than  50  percent  Negro  enrollment  were  compared 
with  similarly  situated  Negro  students  in  schools  with  a  majority-white 
enrollment,  there  were  significant  differences  in  attitude  and  perform- 
ance. It  is  the  schools  that  have  a  majority-Negro  enrollment  that  tend 
to  be  regarded  and  treated  by  the  community  as  segregated  and  inferior 
schools.  Although  there  are  many  factors  involved,  the  racial  com- 
position of  schools  that  are  majority-Negro  in  enrollment  tends  to  be  less 
stable  than  that  of  majority-white  schools  and  to  be  subject  to  more  rapid 
change. 

Similar  arguments  might  be  advanced  for  a  standard  which  would 
deviate  slightly  from  a  50-percent  criterion,  but  a  standard  set  sig- 
nificantiy  higher  would  not  be  adequate  to  deal  with  the  problem 
and  probably  would  not  result  in  lasting  solutions. 

2.  Congress  should  vest  in  each  of  the  50  States  responsibility  for 
meeting  the  standard  it  establishes  and  should  allow  the  States  maxi- 
mum flexibility  in  devising  appropriate  remedies.  It  also  should  pro- 
vide financial  and  technical  assistance  to  the  States  in  planning  such 
remedies. 

It  would  be  unwise  for  the  Federal  Government  to  attempt  to  prescribe 
any  single  solution  or  set  of  solutions  for  the  entire  Nation.  There  is 
a  broad  range  of  techniques  which  are  capable  of  achieving  education 
of  high  quality  in  integrated  public  schools.  Each  State  should  be  free 
to  adopt  solutions  best  suited  to  the  particular  needs  of  its  individual 
communities. 

At  the  same  time  it  is  clear  that  the  responsibility  should  be  placed 
upon  the  States  rather  than  the  individual  school  districts.  The  States, 
and  not  individual  communities  alone,  have  the  capacity  to  develop  and 
implement  plans  adequate  to  the  objective.  The  States  have  assumed 
the  responsibility  for  providing  public  education  for  all  of  their  citizens 
and  for  establishing  the  basic  conditions  under  which  it  is  offered.  Re- 
sponsibility for  achieving  the  goal  of  high-quaUty  integrated  education 
can  and  should  be  placed  upon  the  States  under  terms  which  afford  broad 
scope  for  local  initiative.  But  in  many  jurisdictions,  particularly  the 
major  cities,  solutions  are  not  possible  without  the  cooperation  of  neigh- 
boring communities.  The  States  possess  the  authority  and  the  means  for 
securing  cooperation,  by  consohdating  or  reorganizing  school  districts  or 
by  providing  for  appropriate  joint  arrangements  between  school  districts. 

To  help  the  States  in  devising  appropriate  remedies,  the  Federal 
Government  should  provide  technical  and  financial  assistance. 

3.  The  legislation  should  include  programs  of  substantial  financial 
assistance  to  provide  for  construction  of  new  facilities  and  improvement 
in  the  quality  of  education  in  all  schools. 

In  many  cases,  particularly  in  the  major  cities,  integrating  the  public 
schools  will  require  the  construction  of  new  facilities  designed  both  to 
serve  a  larger  student  population  and  to  be  accessible  to  all  children  in 

210 


the  area  to  be  served.  Substantial  Federal  assistance  is  needed  to  supple- 
ment the  resources  of  States  and  localities  in  building  new  schools  of  this 
kind  and  providing  higher  quality  education  for  all  children.  Federal 
assistance  also  can  be  helpful  in  encouraging  cooperative  arrangements 
between  States  which  provide  education  services  to  the  same  metropolitan 
area  and  between  separate  school  districts  in  a  metropolitan  area.  In 
addition,  Federal  financial  assistance  now  available  under  programs  such 
as  aid  for  mass  transportation  and  community  facilities  should  be  utilized 
in  ways  which  will  advance  the  goal  of  integration. 

Regardless  of  whether  the  achievement  of  integration  requires  new 
facilities,  Federal  financial  assistance  is  needed  for  programs  to  improve 
the  quality  of  education.  States  and  localities  should  have  broad  discre- 
tion to  develop  programs  best  suited  to  their  needs.  Programs  that  are 
among  the  most  promising  involve  steps — ^such  as  the  reduction  of  pupil- 
teacher  ratios,  the  establishment  of  ungraded  classes  and  team  teaching, 
and  the  introduction  of  specialized  remedial  instruction — which  enable 
teachers  to  give  more  attention  to  the  individual  needs  of  children. 
Funds  also  could  be  used  for  purposes  such  as  assisting  the  training  of 
teachers,  developing  new  educational  techniques,  and  improving 
curriculum. 

4.  Congress  should  provide  for  adequate  time  in  which  to  accom- 
plish the  objectives  of  the  legislation. 

It  is  clear  that  equal  opportunity  in  education  cannot  be  achieved  over- 
night. Particularly  in  the  large  cities  where  problems  of  providing  equal 
educational  opportunity  have  seemed  so  intractable,  time  will  be  neces- 
sary for  such  matters  as  educational  and  physical  planning,  assembling 
and  acquiring  land,  and  building  new  facilities.  However,  since  the 
problem  is  urgent  a  prompt  start  must  be  made  toward  finding  solutions, 
progress  must  be  continuous  and  substantial,  and  there  must  be  some 
assurance  that  the  job  will  be  completed  as  quickly  as  possible.  The  time 
has  come  to  put  less  emphasis  on  "deliberate"  and  more  on  "speed." 

*  *  * 

The  goals  of  equal  educational  opportunity  and  equal  housing  oppor- 
tunity are  inseparable.  Progress  toward  the  achievement  of  one  goal 
necessarily  will  facilitate  achievement  of  the  other.  Failure  to  make 
progress  toward  the  achievement  of  either  goal  will  handicap  efforts  to 
achieve  the  other.  The  Commission  recommends,  therefore,  that  the 
President  and  Congress  give  consideration  to  legislation  which  will: 

5.  Prohibit  discrimination  in  the  sale  or  rental  of  housing,  and 

6.  Expand  programs  of  Federal  assistance  designed  to  increase  the 
supply  of  housing  throughout  metropolitan  areas  within  the  means  of 
low-  and  moderate-income  families. 

Additional  funds  should  be  provided  for  programs  such  as  the  rent 
supplement  program  and  FHA  221(d)(3),  and  these  two  programs 
should  be  amended  to  permit  private  enterprise  to  participate  in  them 

211 


free  from  the  special  veto  power  now  held  by  local  governments  under 
present  Federal  statutes. 

In  addition,  the  Commission  recommends  that  the  Department  of 
Housing  and  Urban  Development: 

7.  Require  as  a  condition  for  approval  of  applications  for  low-  and 
moderate-income  housing  projects  that  the  sites  will  be  selected  and 
the  projects  planned  in  a  nondiscriminatory  manner  that  will  con- 
tribute to  reducing  residential  racial  concentrations  and  eliminating 
racial  isolation  in  the  schools. 

8.  Require  as  a  condition  for  approval  of  urban  renewal  projects  that 
relocation  will  be  planned  in  a  nondiscriminatory  manner  that  will 
contribute  to  reducing  residential  racial  concentrations  and  eliminating 
racial  isolation  in  the  schools. 


212 


Supplementary  Statement  by  Commissioner  Freeman 

The  worsening  crisis  in  our  cities  is  essentially  a  human  crisis.  This  is 
a  truth  we  tend  to  forget  because  the  crisis  is  so  often  expressed  in  abstrac- 
tions— dwindling  tax  revenues,  housing  trends,  unemployment  rates, 
statistics  on  air  pollution,  or  crime  and  delinquency.  Even  in  this 
report,  which  deals  with  a  most  fundamental  aspect  of  our  current  urban 
dilemma — the  crisis  in  public  education — we  have  had  to  describe  what 
has  been  happening  in  terms  of  achievement  scores,  graphs,  and  figures. 
But  it  must  never  be  forgotten  that  what  we  have  really  been  looking  at 
LS  the  brutal  and  unnecessary  damage  to  human  lives. 

For  it  is  unnecessary  at  this  point  in  a  Nation  as  affluent  as  ours  that 
hundreds  of  thousands  of  poor  children,  a  disproportionate  number  of 
them  Negro  children,  should  be  isolated  in  inadequately  staffed  and 
equipped  slum  schools — schools  which  the  community  has  stigmatized 
as  inferior.  And,  at  the  same  time,  on  the  other  side  of  the  Great  Divide 
which  we  have  too  long  permitted  in  public  education,  the  advantaged 
children — most  of  them  white — attend  schools  in  the  suburbs  and  out- 
lying residential  sections  of  our  cities  which  have  a  disproportionate  share 
of  the  best  teachers,  which  offer  the  most  advanced  curricula  and  facili- 
ties, and  which  provide  individualized  attention  of  a  kind  and  quality 
seldom  available  to  the  minority  poor. 

Segregation  is  a  term  at  which  many  northerners  wince,  but  for  genera- 
tions of  poor  Negroes  in  the  North,  segregation  has  been  a  reality  which 
has  hardly  been  mitigated  by  legalistic  distinctions  between  de  facto  and 
de  jure.  Neither  the  presence  of  nondiscrimination  statutes  nor  the 
absence  of  overtly  discriminatory  laws  has  been  very  effective  so  far  in 
erasing  the  barriers  between  Negro  and  white,  advantaged  and  dis- 
advantaged, educated  and  miseducated.  Only  if  this  is  understood  can 
we  also  understand  why  today  there  are  Negro  Americans  who  are  saying, 
in  effect :  Since  we  seem  to  be  tending  toward  public  school  systems  offer- 
ing a  superior  quality  of  education  in  middle-class  and  white  schools 
and  inferior  quahty  in  schools  for  poor  Negro  children,  why  not  accept 
the  separation  as  inevitable  and  concentrate  on  attempting  to  provide 
superior  education  in  the  schools  attended  by  the  Negro  poor?  This 
question  is  likely  to  have  a  more  convincing  ring  than  it  otherwise  would 
have  because  it  comes  at  a  time  when  education  is  only  one  of  several 
pressing  priorities  which  command  the  country's  attention,  and  when 
there  is  doubt  about  the  strength  of  this  Nation's  commitment  to  the 

213 

243-637   O  -  67  -  15 


social  changes  which  simple  justice  and  our  national  principles  demand. 
To  the  extent  that  the  civil  rights  movement  of  the  past  several  years  has 
produced  an  impatience  with  the  status  quo,  an  upsurge  of  self-esteem, 
and  a  new  assertion  of  dignity  and  identity  among  Negro  citizens,  it  is 
healthy  and  long  overdue.  However,  there  is  little  that  is  healthy  and 
much  that  is  potentially  self  defeating  in  the  emotionalism  and  racial  bias 
that  seem  to  motivate  a  small  but  vocal  minority  among  those  who  now 
argue  for  "separate-but-equal"  school  systems. 

It  is  certainly  true  that  in  the  past  a  good  many  Negroes  have  emerged 
from  segregated  schools  to  earn  advanced  degrees,  to  acquire  comfortable 
incomes,  and  to  register  achievements  which  are  too  seldom  recorded  in 
the  books  with  which  most  American  schoolchildren  are  supplied.  But 
the  fact  that  the  barriers  imposed  by  segregation  have  been  overcome  by 
some  of  the  more  talented,  the  more  determined,  and  the  more  fortunate, 
would  hardly  seem  to  recommend  it  to  thousands  of  disadvantaged 
youngsters  for  whom  segregation  has  already  demonstrated  its  capacity 
to  cripple  rather  than  to  challenge.  Quite  aside  from  being  poor  democ- 
racy, it  would  seem  to  be  poor  economy,  and  criminally  poor  educa- 
tional policy,  to  continue  to  isolate  disadvantaged  children  by  race  and 
class  when  it  is  the  interaction  with  advantaged  children  which  appears 
to  be  the  single  most  effective  factor  in  narrowing  the  learning  gap. 

Let  us  be  clear  on  the  issues.  The  question  is  not  whether  in  theory 
or  in  the  abstract  Negro  schools  can  be  as  good  as  white  schools.  In  a 
society  free  from  prejudice  in  which  Negroes  were  full  and  equal  partici- 
pants, the  answer  would  clearly  be  "Yes."  But  we  are  forced,  rather, 
to  ask  the  harder  question,  whether  in  our  present  society,  where  Negroes 
are  a  minority  which  has  been  discriminated  against,  Negro  children 
can  prepare  themselves  to  participate  effectively  in  society  if  they  grow 
up  and  go  to  school  in  isolation  from  the  majority  group.  We  must 
also  ask  whether  we  can  cure  the  disease  of  prejudice  and  prepare  all 
children  for  life  in  a  multiracial  world  if  white  children  grow  up  and  go  to 
school  in  isolation  from  Negroes. 

We  are  convinced  that  a  great  deal  more,  not  less,  integration  is  the 
wisest  course  to  follow  if  we  are  really  concerned  about  the  future  of 
American  children  of  all  races  and  classes.  As  the  principal  value-bear- 
ing institution  which  at  one  time  or  another  touches  everyone  in  our 
society,  the  school  is  crucial  in  determining  what  kind  of  country  this  is  to 
be.  If  in  the  future  the  adults  in  our  society  who  make  decisions  about 
who  gets  a  job,  who  lives  down  the  block,  or  the  essential  worth  of  an- 
other person  are  to  be  less  likely  to  make  these  decisions  on  the  basis  of 
race  or  class,  the  present  cycle  must  be  broken  in  classrooms  which  pro- 
vide better  education  than  ever,  and  in  which  children  of  diverse  back- 
grounds can  come  to  know  one  another.  None  of  the  financial  costs  or 
the  administrative  adjustments  necessary  to  bring  about  integrated  quality 
education  will  be  as  costly  to  the  quality  of  American  life  in  the  long  run 

214 


as  the  continuation  of  our  present  educational  policies  and  practices. 
For  we  are  now  on  a  collision  course  which  may  produce  within  our 
borders  two  alienated  and  unequal  nations  confronting  each  other 
across  a  widening  gulf  created  by  a  dual  educational  system  based  upon 
income  and  race.  Our  present  school  crisis  is  a  human  crisis,  engendered 
and  sustained  in  large  part  by  the  actions,  the  apathy,  or  the  shortsighted- 
ness of  public  officials  and  private  individuals.  It  can  be  resolved  only 
by  the  commitment,  the  creative  energies,  and  the  combined  resources 
of  concerned  Americans  at  every  level  of  public  and  private  life. 
Commissioner  Hesburgh  concurs  in  this  statement. 

Supplementary  Statement  by  Commissioner  Hesburgh 

Because  of  the  national  importance  of  the  educational  situation 
described  in  this  report  and  the  large  number  of  students  in  private  ele- 
mentary and  secondary  educational  institutions,  it  would  seem  most  im- 
portant to  me,  speaking  as  an  individual  member  of  this  Commission, 
that  those  involved  in  all  of  the  private  elementary  and  secondary  educa- 
tional endeavors  in  this  country  study  the  full  implications  of  this  report 
and  consider  most  seriously  what  their  institutions  might  contribute 
to  the  ultimate  solution  of  this  pressing  problem. 


215 


Members  of  the  Commission  Staff,  Consultants, 
and  Advisory  Committee  Members  Who  Assisted 
With  the  Preparation  of  This  Report: 


PROFESSIONALS 


Lois  Barnes* 
Edward  B.  Beis 
Richard  F.  Bellman 
Bernard  Berkin 
John  Binkley 
Felice  Cohen* 
Roberta  Day 
Marcia  Derfner 
Bobby  Doctor 
Sophie  Eilperin 
Jonathan  W.  Fleming 
Constance  Garcia* 
John  Gibson 
Ronald  J.  James* 
Mordecai  C.  Johnson 
Ivan  Levin 
Roy  Littlejohn 


Gwendolyn  Love 
Phyllis  McClure 
Linda  McLean* 
Karen  Nelson* 
Judith  Nusbaum 
William  C.  Payne,  Jr. 
Caroline  Ramsey 
Annie  T.  Reid 
Leda  Rothman 
Jacob  Schlitt 
Barbara  Scott 
John  Spence 
Etta  Tinnin 
Carole  Williams 
Jacques  Wilmore 
Marian  P.  Yankauer* 
Harriet  W.  Ziskin 


SECRETARIES 


MaryAbdalla 
Klaire  V.  Adkins 
Mary  Avant 
Lydia  Awad* 
Gwendolyne  T.  Belva 
Lucille  Boston 
Delores  Branch* 
Betty  T.  Brock 
Martha  Brooks 
Marcia  Campbell 
Beverly  Clark 
Pauline  Craven 
Joseline  Davis 
Johnnie  Graves* 

*No  longer  with  the  Commission. 


Nancy  Holt 
Brenda  Jackson 
Helen  Jackson 
Ren  a  Jeffries 
JoNell  Monti 
Elisabeth  L  F.  Murphy 
Phoebe  Nelson 
Sue  Nelson 
Ingrid  Patrick* 
Betty  Stradford 
Naomi  Tinsley 
Rudella  Vinson 
Loretta  Ward 
Joyce  Waters 


216 


CLERKS 


Ruth  M.  Ford 
Linwood  O.  Johnson 


Ronald  Adams* 
Susan  Bannerman* 
David  Barchas* 
Oscar  Beard* 
Patricia  Bowerman* 
Judith  Edelsberg* 
Robert  Gould* 
George  Hall  III 
Lawrence  Kaplan* 
Susan  Kaufman* 


Donald  Jordan 
Louis  E.  Miles 

STUDENT  ASSISTANTS 

Michael  Kepler* 
Jane  Lakes* 
Stuart  Lebo* 
Richard  Morris* 
Genoveva  Paniagua* 
Rena  Pokempner* 
Manfred  Rotermund* 
Alexander  Simack 
John  Ulfelder* 
Paul  Williamson* 


STATE  ADVISORY  COMMITTEE  MEMBERS 


M.  WilUam  Deutsch 
John  B.  Ervin 
Millicent  H.  Fenwick 
Stephen  H.  Fligelman 
Robert  E.  Freed 
Nancy  L.  Garrett 
Elizabeth  H.  Hylbom 
Mark  S.  Israel 
George  Lewis  II 
Henrietta  Looman 


John  David  Maguire 

The  Rev.  H.  Clyde  Mathews,  Jr. 

James  B.  Mclntyre 

Frank  Merriman 

Alpha  L.  Montgomery 

Wilham  M.  Murphy 

The  Rev.  Richard  W.  O'KeefTe 

Mrs.  Edward  C.  Stern 

Mayme  E.  Williams 

Edward  L.  Yudin 


CONSULTANTS  AND  CONTRACTORS 


Dr.  Charles  Benson 
University  of  California 
Berkeley,  California 

Dr.  Arnold  Buchheimer 
Jamaica,  New  York 

Mrs.  Barbara  Carter 
Free  Lance  Associates,  Inc. 
New  York,  New  York 

Dr.  Marvin  G.  Cline 
Howard  University 
Washington,  D.C. 

*No  longer  with  the  Commission. 


Dr.  Tilman  Cothran 
Atlanta  University 
Atlanta,  Georgia 

Dr.  Marc  A.  Fried 
Boston  College 
Boston,  Massachusetts 

James  McPartland 
Washington,  D.C. 

R.  Bruce  McPherson 
University  of  Chicago 
Chicago,  Illinois 


217 


CONSULTANTS  AND  CONTRACTORS— Contmutd 


Dr.  Howard  Mitchell 
Human  Resources  Program 
Philadelphia,  Pennsylvania 

National  Opinion  Research  Center 
University  of  Chicago 
Chicago,  Illinois 

Dr.  Willard  Richan 
Western  Reserve  University 
Cleveland,  Ohio 

Herbert  Semmel 
University  of  Illinois 
Champaign,  Illinois 

Ralph  Showalter 

Executive  Director 

Social  Development  Corporation 

Washington,  D.C. 


Mrs.  Sheila  Spaulding 
Dumbarton  Research  Council 
Menlo  Park,  California 

Dr.  Robert  Stout 
University  of  California 
Berkeley,  California 

Dr.  Karl  Taeuber 
University  of  Wisconsin 
Madison,  Wisconsin 

Dr.  Alan  Wilson 
University  of  California 
Berkeley,  California 

Robert  York 
Washington,  D.C. 


218 


Legal  Appendix 
RACIAL  ISOLATION:  THE  ROLE  OF  LAW 

This  report  has  explored  the  causes  of  racial  isolation  in  the  public  schools,  the 
attendant  damage  to  Negro  children,  and  remedies  attempted  by  particular  school 
systems.  This  appendix  discusses  the  role  of  law — judicial  decisions  in  cases  chal- 
lenging both  racial  isolation  in  the  schools  and  efforts  by  State  and  local  authorities  to 
correct  it;  State  legislation  and  administrative  action  to  overcome  racial  isolation,  and 
the  role  of  the  Federal  Government. 

I.  The  Constitutional  Duty  of  a  State  To  Eliminate  Racial 
Isolation — the  Judicial  Decisions 

In  Brown  v.  Board  of  Education,^  the  Supreme  Court  struck  down  as  repugnant  to 
the  equal  protection  clause  of  the  14th  amendment  school  segregation  imposed  or  ex- 
pressly permitted  by  State  statutes.  The  immediate  thrust  of  Brown  was  limited  to 
formal  segregation  in  17  Southern  and  Border  States.  The  Brown  decision  did  not 
specifically  resolve  the  questions  ( I )  whether  the  equal  protection  clause  invalidates 
school  segregation  not  sanctioned  by  law,  but  imposed  by  purposefully  discriminatory 
administrative  actions  of  school  officials,  and  (2)  if  so,  whether  the  fact  that  segre- 
gation is  less  than  total  robs  a  school  of  its  "segregated"  character.  And  it  left  open 
the  question  whether  the  equal  protection  clause  condemns  "adventitious"  school 
segregation;  i.e.,  segregation  which  is  not  shown  to  be  the  result  of  purposeful  dis- 
crimination by  school  authorities. 

A.  School  Segregation  Resulting  From  Purposely 
Discriminatory  Actions  of  School  Officl\ls 

Cases  decided  after  Brown  both  in  the  South  and  in  the  North  establish  that  pur- 
poseful school  segregation  by  school  authorities  contravenes  the  equal  protection  clause, 
and  that  segregation  need  not  be  total  to  be  unconstitutional  under  this  principle. 
One  of  these  cases  was  demons  v.  Board  of  Education."  In  Hillsboro,  Ohio,  even 
though  racially  separate  schools  were  forbidden  by  State  law,  separate  schools  for 
Negroes  and  whites  had  been  maintained  on  an  informal  basis,  without  any  geo- 
graphical districting  system.  Two  of  the  town's  elementary  schools  were  attended  by 
whites  and  the  third  by  Negroes.  This  informal  arrangement  was  disturbed  on  Sep- 
tember 7,  1954,  when  seven  Negro  children  were  registered  in  the  white  schools.  The 
schools  then  were  closed  for  several  days,  the  school  board  created  the  town's  first  geo- 
graphic attendance  areas,  and,  when  schools  reopened  on  September  14,  the  seven  Ne- 
gro children  had  been  reassigned  to  Lincoln,  the  all-Negro  school.  The  attendance 
area  for  Lincoln  consisted  of  two  separated  noncontiguous  sections,  and  the  school  it- 
self was  not  located  in  its  own  attendance  area.  Several  Negro  students  had  to  walk  by 
a  white  school  on  their  way  to  Lincoln.  A  Federal  district  court  found  that  the  zoning 
was  "a  subterfuge  to  permit  the  continuance  of  Lincoln  school  for  Negro  children  ex- 
clusively," but  refused  to  interfere  with  what  it  deemed  to  be  the  discretionary  powers 
of  the  board.^     The  Court  of  Appeals  for  the  Sixth  Circuit  ruled  that  the  racial 


'347  U.S.  483  (1954). 

=  228  F.  2d  853  (6th  Cir.),  cert,  denied,  350  U.S.  1006  (1956). 

"  Id.  at  856. 


219 


gerrymandering  was  in  conflict  with  Brown  and  in  violation  of  the  14th  amendment, 
and  directed  the  lower  court  to  afford  appropriate  relief. 

In  Henry  v.  Godsell*  a  Negro  minor  assigned  to  a  school  in  an  area  occupied  almost 
exclusively  by  Negroes  challenged  the  assignment  on  the  ground  that  the  school  board 
had  selected  the  site  for  the  purpose  of  segregating  Negro  students.  A  Michigan  Fed- 
eral court  dismissed  her  suit,  but  only  after  finding  that  the  board  had  acted  in  good 
faith  and  that  its  policies  "were  not  motivated  by  racial  considerations."  ^  The  court 
said  that  "the  fact  that  in  a  given  area  a  school  is  populated  almost  exclusively  by  the 
children  of  a  given  race  is  not  in  itself  evidence  of  discrimination.  The  choice  of  a 
school  site  based  on  density  of  population  and  geographical  considerations  such  as 
distance,  accessibility,  ease  of  transportation,  and  other  safety  considerations,  is  a 
permissible  exercise  of  administrative  discretion."  * 

Subsequent  to  the  Henry  decision,  the  Supreme  Court  decided  Cooper  v.  Aaron  ' 
which  stressed  that  "the  constitutional  rights  of  children  not  to  be  discriminated  against 
in  school  admission  on  grounds  of  race  or  color  declared  by  this  Court  in  the  Brown 
case  can  neither  be  nullified  openly  and  directly  by  State  legislators  or  State  executive 
or  judicial  officers,  nor  nullified  indirectly  by  them  through  evasive  schemes  for  segre- 
gation whether  attempted  ingeniously  or  ingenuously."  *  Three  years  later,  a  Federal 
district  court  in  New  York  decided  Taylor  v.  Board  of  Education.^  In  Taylor,  the 
court  found  that  in  1930  the  New  Rochelle  Board  of  Education  had  gerrymandered 
the  attendance  areas  of  the  predominantly  Negro  Lincoln  Elementary  School.  An  all- 
white  irregular  corridor  had  been  carved  out  of  the  Lincoln  zone  and  placed  in  an 
adjacent  all-white  zone.  "It  was  testified  that  the  purpose  of  this  gerrymandering  was 
to  confine  Negro  pupils  within  the  Lincoln  district,  while  allowing  whites  living  in  the 
same  area  to  attend  a  school  which  was  not  predominantly  Negro  in  composition."  ^" 
In  ensuing  years,  as  the  Negro  population  expanded,  the  Lincoln  lines  were  extended 
to  contain  the  Negro  population."  The  school  board  offered  no  evidence  to  refute 
the  evidence  of  gerrymandering. 

The  board  argued  that  the  Lincoln  School  was  not  a  component  of  a  dual  system 
such  as  that  condemned  in  Brown  since  the  school  was  94  percent  Negro  and  not 
100  percent.  This  argument,  the  Court  said,  misconstrued  the  underlying  premise 
of  Brown:    "That  opinion,  while  dealing  with   a  state-maintained   dual   system   of 


*  165  F.  Supp.  87  (E.D.  Mich.  1958). 

^  Id.  3it9l. 

"Id.  at  90.  In  Sealy  v.  Department  of  Public  Instruction,  159  F.  Supp.  561  (E.D. 
Pa.  1957),  aff'd,  252  F.  2d  898  (3d  Cir.),  cert,  denied,  356  U.S.  975  (1958),  Negro 
plaintiffs  attacked  the  selection  of  a  site  for  the  sole  junior  high  school  in  the  townshin 
on  the  ground  that,  with  intent  to  discriminate  against  Negro  residents,  it  was  located 
in  the  predominantly  white  upper  section  of  the  township,  requiring  Negro  pupils  to 
travel  more  than  two  miles  by  bus  to  attend.  The  court  denied  an  injunction,  but  only 
after  a  specific  finding  of  lack  of  intent  to  discriminate. 

In  several  cases  involving  attacks  on  southern  school  segregation,  the  courts  have 
recognized  that  site  selection  may  be  used  to  perpetuate  segregation  and  have  issued 
injunctions  broad  enough  to  reach  such  conduct  specifically.  See  Board  of  Public 
Instruction  of  Duval  County  v.  Braxton,  326  F.  2d  616  (5th  Cir.),  cert,  denied  377 
U.S.  924  (1964)  where  the  Fifth  Circuit  affirmed  a  Federal  district  court  decree  en- 
joining "construction  programs  .  .  .  designed  to  perpetuate,  maintain,  or  support  a 
school  system  operated  on  a  racially  segregated  basis" ;  Carson  v.  Board  of  Education 
(Monroe  County).  Civil  No.  5069,  E.D.  Tenn.,  June  8,  1965,  10  Race  Rel.  L.  Rep. 
1640,  1642  (1965),  where  a  Federal  district  court  entered  a  decree  stipulating  that 
"race  shall  be  eliminated  as  a  factor  in  .  .  .  the  construction  or  geographical  location 
of  new  schools  or  addition  to  schools  .  .  .",  and  Wheeler  v.  Durham  City  Board  of  Edu- 
cation, 346  F.  2d  768  (4th  Cir.  1965),  where  the  court,  noting  that  the  court  below 
had  received  the  "assurance  of  the  [school]  board  that  its  construction  program  would 
not  be  designated  to  perpetuate,  maintain,  or  support  segregation"  {Id.  at  774),  denied 
a  request  for  an  injunction  prohibiting  the  board  from  spending  the  proceeds  of  a  bond 
issue  for  such  a  purpose. 

'358  U.S.  1  (1958). 

«/</.  at  17. 

"  191  F.  Supp.  181  (S.D.  N.Y.  1961). 

'"Id.  at  185. 

"  Ibid. 

220 


education,  was  premised  on  the  factual  conclusion  that  a  segregated  education  created 
and  maintained  by  official  acts  had  a  detrimental  and  deleterious  effect  on  the  educa- 
tional and  mental  development  of  the  minority  group  children."  "  There  was  no 
difference,  the  Court  held,  "between  segregation  established  by  the  formality  of  a  dual 
system  of  education,  as  in  Brown,  and  that  created  by  gerrymandering  of  school  dis- 
trict lines  and  transferring  of  white  children  as  in  the  instant  case."  "  The  Taylor 
Court  noted  that  the  Sealy  and  Henry  cases  imply  their  converse:  "[I]f  a  Board  of 
Education  selects  a  school  site,  or  otherwise  operates  its  schools,  with  a  purposeful 
desire  to  segregate,  or  to  maintain  segregation,  the  Constitution  has  been  violated."  " 
The  fact  that  Lincoln  School  was  6  percent  white,  said  the  Court,  did  not  divest  it 
of  its  segregated  character.^ 

Subsequently,  in  Jackson  v.  Pasadena  City  School  District,^"  the  Supreme  Court  of 
California  ruled  that  a  lower  court  improperly  had  dismissed  a  complaint  containing 
allegations  that  an  attendance  zone  had  been  racially  gerrymandered.  The  court 
noted  that  "the  general  powers  of  the  board  with  respect  to  attendance  zones  are 
subject  to  the  constitutional  guaranteis  [sic]  of  equal  protection  and  due  process."  " 
Consistently  with  the  Federal  court  in  Taylor,  the  court  also  observed  that  "it  is  not 
decisive  that  absolute  segregation  is  not  present.  Improper  discrimination  may  exist 
notwithstanding  attendance  by  some  white  children  at  a  predominantly  Negro  school 
or  attendance  by  some  Negro  children  at  a  predominantly  white  school."  ^^ 


^'Id.  at  192. 

"  Ibid. 

''Id.  at  194.  In  Gomillion  v.  Lightfoot,  364  U.S.  (1960),  it  was  alleged  that 
the  Alabama  Legislature  had  gerrymandered  the  boundaries  of  the  city  of  Tuskeegee 
so  as  to  disfranchise  Negro  voters.  The  defendants  cited  the  State's  power  "to  estab- 
lish, destroy,  or  reorganize  by  contraction  or  expansion  its  political  subdivisions,  to  wit, 
cities,  counties,  and  other  local  units."  But  the  Court,  refusing  "to  exalt  this  power 
into  an  absolute"  said:  "When  a  State  exercises  power  wholly  within  the  domain  of 
State  interest,  it  is  insulated  from  Federal  judicial  review.  But  such  insulation  is 
not  carried  over  when  State  power  is  used  as  an  instrument  for  circumventing  a 
federally  protected  right"  {Id.  at  346). 

"  The  decision  was  affirmed  by  the  Court  of  Appeals  for  the  Second  Circuit  ( 294 
F.  2d  36  (2d  Cir.  1961)  ),  which  said:  "In  short,  race  was  made  the  basis  for  school 
districting,  with  the  purpose  and  effect  of  producing  a  substantially  segregated  school. 
This  conduct  clearly  violates  the  Fourteenth  Amendment  and  the  Supreme  Court 
decision  in  Brown  v.  Board  of  Education  of  Topeka.  .  ."  (Id.  at  39).  The  Su- 
preme Court  denied  a  writ  of  certiorari  (368  U.S.  940  (1961)). 

In  Wheeler  v.  Durham  City  Board  of  Education,  346  F.  2d  768  (4th  Cir.  1965), 
the  Court  of  Appeals  agreed  with  the  District  Court's  disapproval  of  a  desegregation 
plan  on  the  ground  that  "in  some  instances  [the  boundaries]  have  been  drawn  along 
racial  residence  lines,  rather  than  along  natural  boundaries  or  the  perimeters  of  com- 
pact areas  surrounding  the  particular  school."     {Id.  at  771.) 

In  Evans  v.  Buchanan,  207  F.  Supp.  820  (D.  Del.  1962),  the  court  held  that  a 
presumption  of  unconstitutionality  arose  from  facts  showing  that  Negro  children 
attended  an  all-Negro  school  staffed  with  an  all-Negro  faculty  and  administered  by 
a  separate  board  of  trustees;  and  that  the  attendance  area  for  this  school  was  sur- 
rounded entirely  by  predominantly  white  attendance  areas. 

In  Northcross  v.  Board  of  Education,  333  F.  2d  661,  663  (6th  Cir.  1964),  the 
Sixth  Circuit  found  "persuasive  evidence  .  .  .  tending  to  show  that  zoning  was  accorn- 
plished  for  the  purpose  of  preserving  segregation  to  some  extent"  in  the  Memphis, 
Tenn.,  school  district.  The  Court  held  that  "where  the  Board  is  under  compulsion 
to  desegregate  the  schools  [citing  Brown]  .  .  .  drawing  zone  lines  in  such  a  manner 
as  to  disturb  the  people  as  little  as  possible.  .  ."  and  "preserving  school  loyalties"  are 
improper  criteria  in  rezoning  {Id.  at  664). 

In  Monroe  v.  Board  of  Commissioners,  244  F.  Supp.  353  (W.D.  Tenn.  1965),  a 
district  court  in  the  Sixth  Circuit  found  that  boundaries  of  elementary  school  attend- 
ance areas  in  Jackson,  Tenn.,  had  been  gerrymandered  racially  {Id.  at  360).  The 
Court  applied  what  it  considered  to  be  the  Northcross  standard,  that  the  question 
of  gerrymandering  "should  be  determined  primarily  by  consideration  of  the  utiliza- 
tion of  buildings,  proximity  of  pupils  to  the  schools,  and  natural  boundaries"  {Id. 
at  361). 

'-31  Cal.  Rptr.  606,  382  P.  2d  878  (1963). 

"  Id.  at  608,  383  P.  2d  at  880. 

"/rf.  at  609,  382  P.  2d  881. 

221 


Again,  in  Webb  v.  Board  of  Education  (Chicago),"  where  the  plaintiffs  sought  a 
preliminary  injunction  against  the  maintenance  of  racially  segregated  public  schools, 
the  court  recognized  that  there  would  be  a  basis  for  equitable  relief  if  "an  intentional 
design  on  Defendants'  behalf  to  maintain  segregation  in  the  public  schools"  ^''  were 
shown.  The  Webb  case  also  recognized  that  intentional  discrimination  may  consist 
not  only  of  action,  but  also  of  inaction,  such  as  "the  passive  refusal  to  redistrict 
unreasonable  boundaries."  ^ 

To  summarize,  where  an  intent  on  the  part  of  school  officials  to  segregate  Negro  and 
white  children  is  shown,  the  resulting  segregation  has  been  held  violative  of  the  equal 
protection  clause,  notwithstanding  the  absence  of  any  formal  law  requiring  or  per- 
mitting such  segregation.  This  principle  has  been  applied  even  where  less  than  com- 
plete segregation  has  been  involved.  Intentional  segregation  is  unconstitutional 
whether  accomplished  by  affirmative  action  of  school  authorities  or  by  their  inaction. 

In  many  cases,  however,  the  courts  have  found  that  the  evidence  did  not  sustain 
the  contention  that  segregation  was  the  result  of  purposeful  discrimination.^  In  the 
rare  case  where  the  facts  are  clear  enough  to  show  deliberate  segregation  of  the  Negro 
school  population,  Negro  plaintiffs  have  obtained  relief  within  the  framework  of  this 
legal  theory.^'  In  a  large  urban  setting,  however,  it  is  difficult  to  find  a  set  pattern 
sufficiently  uncomplicated  that  the  motive  emerges  with  clarity.  With  the  school 
board  necessarily  making  a  great  number  of  decisions — some  complex — over  the  rele- 
vant period  of  time,  the  search  for  the  real  "motive"  becomes  frustrating.  If  the 
school  district  fails  to  redraw  boundary  lines,  and  absorbs  excess  capacity  in  existing 
classrooms  or  through  use  of  temporary  classrooms  on  school  property  or  in  adjacent 
rented  sites,  it  may  be  impossible  as  a  practical  matter  to  disentangle  the  legal  search 
for  motive  from  the  multifaceted  issues  of  educational  administration  which  faced  the 


"  223  F.  Supp.  466  (N.D.  III.  1963). 

^  Id.  at  468. 

"'  Id.  at  469.  See  generally  Burton  v.  Wilmington  Parking  Authority,  365  U.S.  715 
(1961);  United  States  v.  United  States  Klans,  194  F.  Supp.  897,  902  (M.D.  Ala. 
1961)  ;  Lynch  v.  United  States,  189  F.  2d  476  (5th  Cir.  1951),  cert,  denied,  342  U.S. 
831  (1951);  Catlette  v.  United  States,  132  F.  2d  902,  906-907  (4th  Cir.  1943); 
Picking  V.  Pennsylvania  R.  Co.,  151  F.  2d  240,  250  (3d  Cir.  1945),  cert,  denied,  332 
U.S. 776  (1947). 

^  Some  courts  hold  that  the  burden  is  on  the  school  board  to  show  that  the  drawing 
of  geographic  attendance  areas  or  the  selection  of  a  school  site  was  based  on  valid 
criteria.  Evans  v.  Buchanan,  207  F.  Supp.  at  825 ;  Northcross  v.  Board  of  Education 
(Memphis),  333  F.  2d  at  664;  Wheeler  v.  Durham  City  Board  of  Education,  346 
F.  2d  at  744.  Most  courts,  however,  place  the  burden  on  the  plaintiffs  to  show 
purposeful  discrimination.  Bell  v.  School  City  of  Gary,  213  F.  Supp.  819,  826 
(N.D.  Ind.),  aff'd,  324  F.  2d  209  (7th  Cir.  1963),  cert,  denied,  377  U.S.  924 
(1964)  ;  Swann  v.  Charlotte-Mecklenburg  Board  of  Education,  243  F.  Supp.  667,  670 
(W.D.  N.C.  1965),  aff'd.  Civil  No.  10,207,  4th  Cir.,  Oct.  24,  1966;  Downs  v.  Board  of 
Education  (Kansas  City),  9  Race  Rel.  L.  Rep.  1214  (D.  Kan.  1963),  aff'd,  336  F.  2d 
988,  997  (10th  Cir.  1964),  cert,  denied,  380  U.S.  914  (1965)  ;  Craggett  v.  Board  of 
Education  (Cleveland),  234  F.  Supp.  381,  385  (N.D.  Ohio  1964)  ;  Deal  v.  Cincinnati 
Board  of  Education,  244  F.  Supp.  572,  579  (S.D.  Ohio  1965),  remanded  in  part,  No. 
16863,  6th  Cir.,  Dec.  6,  1966;  Sealy  v.  Department  of  Public  Instruction,  159  F.  Supp. 
at  565;  Henry  v.  Godsell,  165  F.  Supp.  at  92.  The  issue  of  who  has  the  burden 
of  proof  may  determine  the  success  or  failure  of  allegations  of  discrimination. 
For  cases  in  which  the  plaintiffs'  proof  was  held  insufficient,  see  Swann  v.  Charlotte- 
Mecklenburg  Board  of  Education,  supra;  Bell  v.  School  City  of  Gary,  supra;  Downs  v. 
Board  of  Education  (Kansas  City),  supra;  Gilliam  v.  School  Board  (Hopewell),  345 
F.  2d  325  (4th  Cir.  1965)  vacated  and  remanded  on  other  .grounds,  382  U.S.  103 
(1965;  Craggett  v.  Board  of  Education  (Cleveland),  supra;  Sealy  v.  Department  of 
Public  Instruction,  159  F.  Supp.  561  (E.D.  Pa.  1957),  aff'd,  252  F.  989  (3d  Cir.), 
cert,  denied,  356  U.S.  975  (1958)  ;  Henry  v.  Godsell,  165  F.  2d  Supp.  87  (E.D.  Mich. 
1958). 

^Sec  demons  v.  Board  of  Education  (Hillsboro),  228  F.  2d  853  (6th  Cir.), -cert, 
denied,  350  U.S.  1006  (1956)  ;  Taylor  v.  Board  of  Education  (New  Rochelle),  191 
F.  Supp.  181  (S.D.  N.Y.),  aff'd,  294  F.  2d  36  (2d  Cir.),  cert,  denied,  368  U.S.  940 
(1961). 

222 


school  board.  The  real  issue  may  be  the  extent  to  which  the  school  board  is  willing 
to  permit  other  considerations  to  override  a  claim  for  desegregation."'  Thus,  it  has 
been  argued  that  adventitious  school  segregation — not  shown  to  be  purposefully 
discriminatory — itself  is  in  violation  of  the  Constitution. 

B.  Adventitious  School  Segregation 

The  issue  of  whether  the  equal  protection  clause  forbids  adventitious  school  seg- 
regation has  been  litigated  frequently,  but  remains  an  open  question."'  The  Supreme 
Court  of  the  United  States  has  not  yet  confronted  it;  the  lower  Federal  courts  and  the 
State  courts  are  in  disagreement. 

Most  of  the  Federal  courts  which  have  faced  the  issue  have  been  of  the  view  that 
the  equal  protection  clause  forbids  only  purposeful  segregation  and  imposes  no  duty 
on  school  officials  to  correct  adventitious  segregation.  Four  courts  of  appeals  (the 
Fourth,  Sixth,  Seventh  and  Tenth)  have  so  held.^  The  Federal  courts  taking  this 
view  have  disposed  of  the  question  on  the  hypothesis  that  it  is  legally  irrelevant 
whether  adventitious  school  segregation  in  fact  denies  Negro  students  in  pre- 
dominantly Negro  schools  equal  educational  opportunity,  and  have  not  reached  that 
issue. 

The  leading  case  is  Bell  v.  School  City  of  Gary,^  where  adventitious  segregation 
in  the  schools  of  Gary,  Ind. — racially  imbalanced  because  of  the  application  of  a 
neighborhood  school  policy  in  the  context  of  racially  segregated  housing  patterns — 
was  challenged.''^  The  law  does  not  require,  said  the  court,  "that  a  school  system 
developed  on  the  neighborhood  school  plan,  honestly  and  conscientiously  constructed 
with  no  intention  ...  to  segregate  the  races,  must  be  .  .  .  abandoned  because  the 
resulting  effect  is  to  have  a  racial  imbalance  in  certain  schools  where  the  district 
is  populated  almost  entirely  by  Negroes  or  whites."  ^  In  the  course  of  its  opinion, 
the  court  noted  that  although  the  plaintiffs  had  argued  that  there  was  an  affirmative 
duty  to  balance  the  races,  "their  own  evidence  .   .   .  [was]  that  such  a  task  could  not 


"*  For  example,  a  school  board  which  decides  to  build  or  use  mobile  classrooms  to 
contain  excess-capacity  Negro  students,  rather  than  transfer  some  to  a  white  school, 
may  be  "honestly"  concerned  with  keeping  students  assigned  near  their  homes,  may 
be  "honestly"  reluctant  to  incur  added  expenses  or  risks  involved  in  transportation, 
and  may — if  educational  achievement  at  the  schools  in  question  is  not  comparable — 
be  "honestly"  reluctant  to  raise  or  attempt  to  solve  expected  educational  problems 
which  would  follow  such  transfers. 

^'  The  question  has  been  much  mooted  in  legal  periodicals.  See  Wright,  "Public 
School  Desegregation:  Legal  Remedies  for  De  Facto  Segregation,"  16  W.  Res.  L. 
Rev.  478  (1965)  ;  Fiss,  "Racial  Imbalance  in  the  Public  Schools;  The  Constitutional 
Concepts,"  78  Harv.  L.  Rev.  564'  (1965);  Kaplan,  "Segregation,  Litigation  and  the 
Schools,"  58  Nw.  U.L.  Rev.  1,  157  (1963),  59  Nw.  U.L.  Rev.  121  (1964);  Carter, 
"Constitutional  Questions,"  16  W.  Res.  L.  Rev.  502  (1965);  Sedler,  "School 
Segregation  in  North  and  West:  Legal  Aspects,"  7  St.  Louis  U.L.J.  228  (1963); 
Note,  "Duty  to  Integrate  Public  Schools?  Some  Judicial  Responses  and  a  Statute," 
46  B.U.  L.  Rev.  45  (1966)  ;  Note,  "Racial  Imbalance  in  the  Public  Schools:  Consti- 
tutional Dimensions  and  Judicial  Response,"  18  Vand.  L.  Rev.  1290  (1965)  ;  Note, 
"Racial  Imbalance  in  the  Public  Schools — Legislative  Motive  and  the  Constitution," 
50  Va.  L.  Rev.  464  (1964);  Note,  "California  Suggests  De  Facto  School  Segrega- 
tion Must  End,"   16  Stan.  L.  Rev.  434   (1964). 

-'  Swann  v.  Charlotte-Mecklenburg  Board  of  Education,  Civ.  No.  10,207,  4th  Cir., 
Oct.  24,  1966;  Gilliam  v.  School  Board  (Hopewell),  345  F.  2d  325  (4th  Cir.),  vacated 
and  remanded  on  other  grounds,  382  U.S.  103  (1965);  Deal  v.  Cincinnati  Board 
of  Education,  No.  16863,  6th  Cir.,  Dec.  6,  1966;  Bell  v.  School  City  of  Gary,  324 
F.  2d  209  (7th  Cir.  1963),  cert,  denied,  377  U.S.  924  (1964);  Downs  v.  Board  of 
Education  (Kansas  City),  336  F.  2d  988  (10th  Cir.  1964),  cert,  denied,  380  U.S. 
914   (1965). 

-'213  F.  Supp.  819,  (N.D.  Ind.),afT'd,  324  F.  2d  209  (7th  Cir.  1963),  cert,  denied, 
377  U.S.  924   (1964). 

^  During  the  1961-62  school  year,  of  the  40  schools,  14  had  enrollments  100  percent 
v.hite,  12  had  enrollments  99-100  percent  Negro,  and  5  had  enrollments  77-95  per- 
cent Negro  (213F.  Supp.  at820). 

'"  Id.  at  829. 

223 


be  accomplished  in  the  Gary  schools."  The  Seventh  Circuit  affirmed,  agreeing  that  a 
school  board  has  no  affirmative  constitutional  duty  "to  change  innocently  arrived  at 
school  attendance  districts  by  the  mere  fact  that  shifts  in  population  either  increase  or 
decrease  the  percentage  of  either  Negro  or  white  pupils."  *"  The  Supreme  Court 
denied  certiorari." 

Two  other  courts  of  appeals  (the  Third  ^'  and  the  Fifth")  have  stated  or  implied 
by  way  of  dictum  that  the  Constitution  lays  no  duty  on  school  officials  to  integrate 
the  public  schools.  Another  circuit  (the  First),  while  bypassing  the  basic  question 
whether  the  State  has  any  affirmative  duty,  has  stated  that  if  an  affirmative  duty 
exists,  it  is  a  limited  one,  requiring  only  that  school  officials  take  integration  into 
account  along  with  other  educationally  relevant  factors  (including  the  neighborhood 
school  p)olicy)   in  making  administrative  decisions." 

No  court  of  appeals  has  yet  held  that  a  northern  school  system  has  a  constitutional 
obligation  to  end  adventitious  segregation.  One  court  of  appeals  (the  Third),  in  a 
case  involving  the  Negro  school  children  of  Delaware  presenting  the  question  whether 
a  school  board  adequately  had  desegregated  from  a  dual  biracial  system,  has  said  that 
in  Brown  "the  Supreme  Court  has  unqualifiedly  declared  integration  to  be  their  con- 
stitutional right."  ^  This  dictum — which  once  stood  unique  among  interpretations 
of  Brown — conflicted  with  the  general  view  of  the  demands  made  by  Brown  upon 

*'324F.  2d  at  213. 

^'377  U.S.  at  924.  See  also  Deal  v.  Cincinnati  Board  of  Education,  No.  16863, 
6th  Cir.,  Dec.  6,  1966,  p.  10,  where  the  Sixth  Circuit  held  that  "bare  statistical 
imbalance  alone  is  not  forbidden."  Similar  expressions  are  found  in  the  opinions  of 
the  Fourth  and  Tenth  Circuits: 

"[TJhere  is  no  constitutional  requirement  that  it  [the  school  board]  act  with  the  con- 
scious purpose  of  achieving  the  maximum  mixture  of  races  in  the  school  population. 
The  Constitution  permits  the  board  to  consider  natural  geographic  boundaries, 
accessibility  of  particular  schools  and  many  other  factors  which  are  unrelated  to 
race.  So  long  as  the  boundaries  are  not  drawn  for  the  purpose  of  maintaining 
racial  segregation,  the  school  board  is  under  no  constitutional  requirement  that  it 
effectively  and  completely  counteract  all  of  the  effects  of  segregated  housing  patterns. 
Swann  v.  Charlotte-Mecklenburg  Board  of  Education,  No.  10,207,  4th  Cir.,  Oct.  24, 
1966,  pp.  6,  7. 

"[T]he  14th  amendment  prohibits  segregation,  it  does  not  command  integration 
of  the  races  in  the  public  schools  and  Negro  children  have  no  constitutional  right  to 
have  white  children  attend  school  with  them  .... 

"We  conclude  that  the  decisions  in  Brown  and  the  many  cases  following  it  do  not 
require  a  school  board  to  destroy  or  abandon  a  school  system  developed  on  the  neigh- 
borhood plan,  even  though  it  results  in  a  racial  imbalance  in  the  schools  where,  as 
here,  that  school  system  has  been  honestly  and  conscientiously  constructed  with  no 
intention  or  purpose  to  maintain  or  perpetuate  segregation."  Downs  v.  Board  of  Edu- 
cation, 336  F.  2d  at  998.  See  also  Lynch  v.  Kenston  School  District  Board  of  Educa- 
tion, 229  F.  Supp.  740  (N.D.  Ohio  1964),  and  Henry  v.  Godsell,  165  F.  Supp.  at  91, 
where  the  court  said  "the  plaintiff  has  no  constitutionally  guaranteed  right  to  attend 
a  public  school  outside  of  the  attendance  area  in  which  she  resides." 

^Sealy  v.  Department  of  Public  Instruction,  252  F.  2d  at  901  (dictum). 

''  Avery  v.  Wichita  Falls  Independent  School  District,  241  F.  2d  230,  233  (5th  Cir.) 
(dictum),  cert,  denied,  353  U.S.  938  (1957)  ;  Holland  v.  Board  of  Public  Instruction, 
258  F.  2d  730,  731  (5th  Cir.  1958)  (dictum)  ;  Borders  v.  Rippy,  247  F.  2d  268,  271 
(5th  Cir.  1957)  (dictum).  Cf.  Stell  v.  Savannah-Chatham  County  Board  of  Educa- 
tion, 333  F.  2d  55  (5th  Cir.)   (dictum),  cert,  denied,  379  U.S.  933  (1964). 

""Barksdale  v.  Springfield  School  Committee,  348  F.  2d  261   (1st  Cir.  1965). 

"^ Evans  v.  Ennis,  281  F.  2d  385,  389  (3d  Cir.  1960),  cert,  denied,  364  U.S.  802 
(1961)  [emphasis  added].  See  also  the  lower  court  opinion  {Evans  v.  Buchanan, 
172  F.  Supp.  508  (D.  Del.  1959),  where  a  Federal  district  court  in  the  Third  Circuit 
refused  to  approve  a  provision  of  a  desegregation  plan  which  provided  that  "whenever 
possible,  every  pupil  in  the  grades  affected,  .  .  .  shall  have  the  choice  of  (a)  attend- 
ing the  nearest  school  within  the  district  in  which  he  resides  or  (b)  attending  the 
school  he  would  have  attended  prior  to  the  effective  date  of  this  order"  {Id.  at  516). 
The  court  said:  "Now,  it  is  a  fact  that  in  Georgetown,  for  example,  the  majority 
of  the  Negroes  live  in  a  community  known  as  The  Hill.  The  colored  school  is  close 
by.  The  white  school  is  at  much  greater  distance.  Interpreting  the  language  [of 
the  above  quoted  provision]  in  the  light  of  these  facts,  it  would  seem  to  result  that  no 
Negro  student  whose  family  resides  on  The  Hill  may  ever  enter  the  white  school. 

Footnote  continued  on  following  page. 

224 


dual  systems.  This  view,  expressed  in  a  dictum  of  Judge  Parker,  is  that  "the  Con- 
stitution .  .  .  does  not  require  integration.  It  merely  forbids  discrimination."  '" 
The  Third  Circuit  view,  however,  recently  has  received  support  in  two  other  courts 
of  appeals.  In  Singleton  v.  Jackson  Municipal  Separate  School  District  J"  the  Court  of 
Appeals  for  the  Fifth  Circuit,  dealing  with  the  adequacy  of  a  desegregation  plan  of  the 
school  authorities  of  Jackson,  Miss.,  said  in  a  footnote: 

In  retrospect,  the  second  Brown  opinion  clearly  imposes  on  public  school 
authorities  the  duty  to  provide  an  integrated  school  system.  Judge  Parker's 
well-known  dictum  ("the  Constitution  .  .  .  does  not  require  integration. 
It  merely  forbids  discrimination")  in  Briggs  v.  Elliott  .  .  .  should  be  laid 
to  rest.  It  is  inconsistent  with  Brown  and  later  development  of  decisional 
and  statutory  law  in  the  area  of  civil  rights.^ 

In  a  subsequent  opinion  in  the  same  case,  the  court  reiterated  that  "school  au- 
thorities .  .  .  are  under  the  constitutional  compulsion  of  furnishing  a  single,  in- 
tegrated school  system."  ^  More  recently,  in  United  States  v.  Board  of  Education 
of  Jefferson  County*^  the  same  court  again  stated  that  a  State  must  "take  affirmative 
action  to  reorganize  its  school  system  by  integrating  the  students,  faculties,  facilities, 
and  activities."  "  The  court  suggested  that  the  Briggs  dictum  was  a  facet  of  the  Fourth 
Circuit's  view — now  abandoned — that  14th  amendment  rights  are  exclusively  in- 
dividual rights  which  must  be  asserted  individually  after  each  plaintiff  has  exhausted 
State  administrative  remedies,  and  that,  therefore,  class  suits  may  not  be  brought.*^  In 
the  Jefferson  County  case  the  Fifth  Circuit  stated :  "What  is  wrong  about  Briggs  is  that 
it  drains  out  of  Brown  that  decision's  significance  as  a  class  action  to  secure  equal 
educational  opportunities  for  Negroes  by  compelling  the  States  to  reorganize  their 
public  school  systems."  ^^  See  also  Kemp  v.  Beasley,"*  where  the  Eighth  Circuit — also 
in  a  case  involving  desegregation  from  a  dual  system — rejected  the  Briggs  dictum, 
stating  that  "it  is  logically  inconsistent  with  Brown  and  subsequent  decisional  law  on 
the  subject." 

The  implications  of  the  rejection  by  the  Third,  Fifth,  and  Eighth  Circuits  of 
Judge  Parker's  dictum  on  the  constitutional  issue  of  whether  a  school  system  has  a 
duty  to  relieve  adventitious  segregation  not  imposed  by  law  are  as  yet  unclear.^^ 
While  the  Jefferson  County  opinion  does  draw  a  distinction  between  adventitious 
school  segregation  and  school  segregation  which  has  been  compelled  by  law  and  is  the 
product  of  a  biracial  system,  it  also  notes  that  "psychological  harm  and  lack  of  educa- 
tional opportunities  to  Negroes  may  exist  whether  caused  by  de  facto  or  de  jure 
segregation,"  although  "a  State  policy  of  apartheid  aggravates  the  harm."  "  And 
at  one  point  in  its  opinion  the  court,  although  stressing  that  the  holding  of  Brown 


Whatever  may  have  been  the  reasons  for  this  provision,  it  strikes  me  as  unfair  and 
is  ordered  to  be  stricken"  {Ibid. ) . 

The  court  was  asked  to  restore  the  provision  but  refused,  noting:  "Read  against  a 
background  of  geographical  facts  of  which  judicial  knowledge  may  be  taken,  it  pro- 
vided that  in  many  localities  no  colored  student  could  ever  attend  a  white  school 
unless  his  parents  thereafter  changed  their  residence  to  a  point  closer  to  the  white 
school  than  the  colored  school."  Evans  v.  Buchanan,  173  F.  Supp.  891,  892  (D.  Del. 
1959) 

""  Briggs  V.  Elliott,  132  F.  Supp.  776,  777  (E.D.  S.C.  1955). 

''348F.  2d729  (5th  Cir.  1965). 

=^ /</.  at  730,  n.  5. 

^"Singleton  v.  Jackson  Municipal  Separate  School  District,  355  F.  2d  865,  869 
(5th  Cir.  1966)  (emphasis  added). 

'"  No.  23345,  5th  Cir.,  Dec.  29,  1966. 

"  Id.  at  19  [emphasis  added]. 

'■'  Id.  at  20-22. 

"  Id.  at  22. 

"  352  F.  2d  14  (8th  Cir.  1965). 

*°  In  Kemp,  the  court  stated  that  the  Briggs  dictum  "may  be  applicable  in  some 
logical  areas  where  geographic  zones  permit  of  themselves  without  discrimination  a 
segregated  school  system,  but  must  be  equally  inapplicable  if  applied  to  school 
systems  where  the  geographic  or  attendance  zones  are  biracially  populated"  {Id. 
at  21). 

*"  Id.  at  23b. 

225 


"occurred  within  the  context  of  State-coerced  segregation,"  noted  that  "Brown 
points  toward  the  existence  of  a  duty  to  integrate  de  facto  segregated  schools."  " 

Three  decisions  of  Federal  district  courts  have  held  or  suggested  that  there  is 
a  constitutional  duty  to  relieve  adventitious  school  segregation  which  must  be  im- 
plemented within  the  limits  of  feasibility  and  sound  educational  practice.  Unlike 
the  cases  in  which  the  courts  have  sustained  the  constitutionality  of  adventitious 
school  segregation,  in  each  of  the  cases  holding  or  suggesting  that  such  segregation 
is  unconstitutional,  the  question  of  whether  it  has  a  damaging  effect  on  Negro  chil- 
dren has  been  reached  and,  in  each  case,  answered  affirmatively. 

In  Branche  v.  Board  of  Education  (Hempstead)^**,  the  plaintiffs,  charging  that  the 
school  board  had  been  maintaining  racially  segregated  schools,  sought  an  injunction 
prohibiting  this  practice  and  restraining  the  enlargement  of  two  predominantly 
Negro  schools.  The  attendance  lines  had  been  drawn  in  1949  when  the  two  schools 
were  16.5  and  14.3  percent  Negro.  By  1961  the  schools  had  become  67  and  78 
percent  Negro.^"  The  court  accepted  the  contention  of  the  superintendent  that 
segregation  in  the  schools  was  the  result  of  residential  patterns  rather  than  gerry- 
mandering or  any  other  deliberately  discriminatory  action  by  the  school  authorities."" 
Denying  the  school  board's  motion  for  summary  judgment,  the  court  said: 

[But]  these  facts  do  not  demonstrate  that  there  has  not  been  segregation 
because  of  race.  Segregated  education  is  inadequate  and  when  that  inade- 
quacy is  attributable  to  State  action  it  is  a  deprivation  of  a  constitutional 
right.=^ 

The  court  declared  further : 

The  educational  system  that  is  .  .  .  compulsory  and  publicly  afforded  must 
deal  with  the  inadequacy  arising  from  adventitious  segregation;  it  cannot 
accept  and  indurate  segregation  on  the  ground  that  it  is  not  coerced  or 
planned  but  accepted.^" 

This  language  unambiguously  suggests  an  affirmative  duty  to  relieve  adventitious 
racial  isolation  in  the  public  schools.^  The  court,  however,  went  on  to  say  that  "how 
far  that  duty  extends  is  not  answerable  perhaps  in  terms  of  an  unqualified  obligation 
to  integrate  public  education  without  regard  to  circumstance  and  it  is  certainly 
primarily  the  responsibility  of  the  educational  authorities  and  not  the  courts  to  for- 
mulate the  educational  system."  " 

In  Blocker  v.  Board  of  Education  (Manhasset)  "*,  a  different  judge  on  the  same 
court  filed  an  opinion  which,  like  Branche,  suggests  that  the  States  constitutionally  are 
obliged  to  relieve  adventitious  school  segregation.  In  Blocker,  99.2  percent  of  the 
white  children  attended  two  all-white  schools  while  100  percent  of  the  Negro  children 
attended  a  separate  school.^  The  attendance  lines  were  drawn  in  1929  and  had  not 
changed  since.     A  rigid  no-transfer  policy  was  enforced." 

The  court  noted  that  "the  facts  in  this  case  present  a  situation  that  goes  beyond 
mere  racial  imbalance"  ™  and  that  "for  all  practical  purposes,  the  elementary  school 


"  Id.  at  32. 

"  204  F.  Supp.  150  (E.D.  N.Y.  1962) . 

*"  7^.  at  152. 

"Vrf.  at  151. 

"/rf.atl53. 

'-  Ibid. 

^  A  Federal  district  court  in  Illinois,  however,  seems  to  have  construed  Branche  as 
attributing  to  the  school  board's  inaction  a  racially  discriminatory  motive.  In  Webb 
V.  Board  of  Education  (Chicago),  223  F.  Supp.  466  (N.D.  111.  1963),  the  court 
viewed  Branche  as  involving  a  "passive  refusal  to  redistrict  unreasonable  boundaries" 
and  asserted  that  according  to  the  Branche  opinion  "mere  residential  segregation 
was  not  enough"  (7^.  at  468, 469 ) . 

"  226  F.  Supp.  at  153. 

'"■'  226  F.  Supp.  208  (E.D.  N.Y.  1964). 

^7<f.  at212. 

"  Id.  at  226. 

=*  Id.  at  225. 

226 


system  of  the  defendant  district  ...  is  as  racially  segregated  as  those  in  Brown."  "" 
Earlier,  the  court  had  stated : 

Viewed  in  this  context  then,  can  it  be  said  that  one  type  of  segregation, 
having  its  basis  in  State  law  or  evasive  schemes  to  defeat  desegregation, 
is  to  be  proscribed,  while  another,  having  the  same  effect  but  a  different 
cause,  is  to  be  condoned?     Surely,   the  Constitution  is  made  of  sturdier 

stuff.™ 

The  court  concluded  that  "in  a  publicly  supported,  mandatory  State  educational 
system,  the  plaintiffs  have  the  civil  right  not  to  be  segregated,  not  to  be  compelled 
to  attend  a  school  in  which  all  of  the  Negro  children  are  educated  separate  and  apart 
from  over  99  percent  of  their  white  contemporaries.""^     The  court  stressed    that: 

It  does  not  hold  that  racial  imbalance  and  segregation  are  synonymous  or 
that  racial  imbalance  not  tantamount  to  segregation  is  violative  of  the  Con- 
stitution. It  does  hold  that  by  maintaining  and  perpetuating  a  segregated 
school  system  the  defendant  board  has  transgressed  the  prohibitions  of  the 
equal  protection  clause  of  the  14th  amendment.*" 

Under  the  theory  of  the  court  in  Blocker — that  Negroes  had  a  constitutional  right 
to  be  free  from  totally  segregated  education — it  was  not  necessary,  on  the  merits  of 
the  constitutional  question,  to  inquire  into  whether  adventitious  segregation  damaged 
Negro  pupils.  The  court  did  conclude,  however,  that  in  order  to  obtain  relief,  the 
plaintiffs  had  to  show  that  they  were  injured  by  the  segregation.  On  this  question 
the  court  found  that  the  segregation  damaged  the  plaintiffs  psychologically,  just  as 
formal  segregation  had  been  held  in  Brown  to  damage  the  plaintiffs  there.  Pointing 
out  that  a  remedy  was  available,  the  court  observed  that  there  were  not  "present 
here  the  complicated  problems  present  in  Gary,  Ind.,  with  a  public  school  population 
of  over  43,000,  of  which  53.5  percent  are  Negroes,  or  in  large  metropolitan  areas — 
New  York  City,  for  example.  There  are,  no  doubt,  situations  in  which  no  alternative 
may  be  feasible.     No  such  insurmountable  obstacle  appears  to  be  present  here."  "' 

More  recently  in  Barksdale  v.  Springfield  School  Committee,''*  the  court  found  that 
in  at  least  seven  of  the  38  elementary  schools  and  one  of  the  eight  junior  high  schools 
in  the  Springfield,  Mass.  school  system  Negro  and  Puerto  Rican  students  were  in  the 
majority.""  The  court  concluded:  "In  the  light  of  the  ratio  of  white  to  nonwhite  in 
the  total  population  ...  a  non-white  attendance  of  appreciably  more  than  50  per- 
cent in  any  one  school  is  tantamount  to  segregation."  "*  Noting  that  those  schools 
attended  by  a  majority  of  Negro  students  "consistently  rank  lowest  in  achievement 
ratings  based  on  the  'Iowa  Test  of  Basic  Skills'  " ;  that  Negro  students  who  trans- 
ferred to  other  schools  had  difficulty  in  keeping  up  with  the  students  in  those  schools, 
and  that  special  programs  for  gifted  children  who  had  attained  a  high  achievement 
level  contained  a  few  or  no  Negro  students,  the  court  found  that  the  opportunity  of 
Negro  children  in  predominantly  nonwhite  schools  to  obtain  equal  educational  oppor- 
tunities   was    impaired.     It   stated    that   such   racially   imbalanced   schools   are   not 


^»  Id.  at  226. 

■^/^f.  at  223. 

"/rf.at227. 

'■/rf.  at  230.  Some  commentators  have  viewed  the  Blocker  decision  as  concerned 
with  racially  motivated  imbalance.  See  Note,  50  Va.  L.  Rev.  464,  481  (1964).  But 
while  some  of  the  court's  language  can  be  construed  to  suggest  doubt  about  the  school 
board's  good  faith,  see  226  F.  Supp.  at  226,  the  court  made  no  finding  that  the  motive 
of  the  board  was  discriminatory.  The  court  seemed  more  concerned  with  the  gross- 
ness  of  the  separation  of  the  races  rather  than  with  any  discriminatory  motive,  and 
appears  to  have  ruled  that  where  separation  is  virtually  complete,  the  racial  imbalance 
becomes  "segregation,"  which — regardless  of  motive — is  forbidden  by  the  14th  amend- 
ment. Whether  the  court  regarded  the  duty  to  eliminate  total  segregation  as  absolute 
is  not  clear. 

*"  226  F.  Supp.  at  229. 

"  237  F.  Supp.  543  (D.  Mass.  1965). 

'^  Id.  at  545.  The  total  elementary  enrollment  for  1963-64  was  19,417,  of  whom 
15,588  (80.3  percent)  were  white;  3,386  (17.4  percent)  were  Negro;  and  443  (2.3 
percent)  were  Puerto  Rican.  All  of  the  Negro  students  except  595  were  enrolled  in 
8  elementary  schools  {Id.  at  546). 

"  Id.  at  544. 

227 


conducive  to  learning:  that  is,  to  retention,  performance,  and  the  development  of 
creativity;  and  that  such  schools  communicate  to  Negro  children  that  they  are 
different  and  are  expected  to  be  different  from  white  children. 

The  court  said  that  the  issue  was  not,  as  framed  in  Bell,  whether  there  is  a  consti- 
tutional duty  to  remedy  imbalance,  but  rather  "whether  there  is  a  constitutional  duty 
to  provide  equal  educational  opportunities  for  all  children  within  the  system." 
Speaking  to  this  question,  the  court  declared: 

While  Brown  answered  that  question  affirmatively  in  the  context  of 
coerced  segregation,  the  constitutional  fact — the  inadequacy  of  segregated 
education — is  the  same  in  this  case,  and  I  so  find.  It  is  neither  just  nor 
sensible  to  proscribe  segregation  having  its  basis  in  affirmative  State  action 
while  at  the  same  time  failing  to  provide  a  remedy  for  segregation  which 
grows  out  of  discrimination  in  housing,  or  other  economic  or  social  factors. 
Education  is  tax  supported  and  compulsory,  and  public  school  educators, 
therefore,  must  deal  with  inadequacies  within  the  educational  system  as  they 
arise,  and  it  matters  not  that  the  inadequacies  are  not  of  their  making. 
This  is  not  to  imply  that  the  neighborhood  school  policy  per  se  is  unconsti- 
tutional, but  that  it  must  be  abandoned  or  modified  when  it  results  in 
segregation  in  fact.*' 

The  school  district  was  ordered  to  submit  a  plan  "to  eliminate  to  the  fullest  extent 
possible  racial  concentration  .  .  .  within  the  framework  of  effective  educational  proce- 
dures, as  guaranteed  by  the  equal  protection  clause  of  the  Fourteenth  amend- 
ment ..."•« 

On  appeal  the  district  court's  order  was  vacated."'*  First,  the  court  of  appeals 
noted  that  although  the  opinion  of  the  lower  court  appeared  to  hold  that  plaintiffs 
had  a  constitutional  right  to  the  abolition  of  racial  imbalance  to  preserve  their  equal 
education  rights,  its  order  was  restricted  to  reduction  "only  so  far  as  feasible  within 
the  framework  of  effective  educational  procedures." '"  The  court  construed  the 
order  to  mean  that  "racial  imbalance  disadvantages  Negro  students  and  impairs  their 
educational  opportunities  as  compared  with  other  races  to  such  a  degree  that  they 
have  a  right  to  insist  that  the  defendants  consider  their  special  problems  along  with 
all  other  relevant  factors  when  making  administrative  decisions."  " 

Citing  Bell  and  Downs,  the  court  of  appeals  rejected  the  suggestion  in  the  district 
court's  opinion  that  the  plaintiffs  had  an  absolute  right  to  have  "what  the  court 
found  to  be  tantamount  to  segregation  removed  at  all  costs."  '"  But  it  was  not  de- 
cided whether  the  Constitution  required  the  defendants  to  furnish  the  more  limited 
relief  provided  by  the  district  court's  order.  The  court  of  appeals  found  that  since, 
at  the  time  suit  was  instituted  against  them,  the  defendants  were  in  the  process  of 
taking  voluntarily  the  same  action  as  required  by  the  order,  the  plaintiffs  had  no 
present  need  of  a  remedy.  Accordingly,  the  court  of  appeals  directed  the  district 
court  to  vacate  its  order  and  to  dismiss  the  complaint  without  prejudice." 

Like  the  Federal  courts.  State  courts  which  have  expressed  a  view  on  whether 
adventitious  segregation  is  consistent  with  the  Federal  Constitution  are  divided. 

In  Jackson  v.  Pasadena  City  School  District,''^  the  trial  court  dismissed  a  complaint 
charging  that  the  school  board  purposefully  had  segregated  Negro  students  by  a  racial 
gerrymander  of  attendance  areas.  In  reversing  the  decision  of  the  trial  court  and 
remanding  the  case,  the  California  Supreme  Court  announced  in  dictum: 

[E]ven  in  the  absence  of  gerrymandering  or  other  affirmative  discriminatory 
conduct  by  a  school  board,  a  student  under  some  circumstances  would  be 
entitled  to  relief  where,  by  reason  of  residential  segregation,  substantial 
racial  imbalance  exists  in  his  school.  .  .  .  Where  such  segregation  exists  it 
is  not  enough  for  a  school  board  to  refrain  from  affirmative  discriminatory 


'"  Id.  at  546. 

•*  Id.  at  547. 

''"Springfield  School  Committee  v.  Barksdale,  348  F.  2d  261   (1st  Cir.   1965). 

™  Id.  at  263. 

'^  Id.  at  264. 

'-  Ibid. 

'^7rf.  at264,  265. 

'*  31  Cal.  Rptr.  606,  382  P.  2d  878  ( 1963) . 


228 


conduct.     The   harmful   influence  on   the   children   will   be   reflected   and 
intensified  in  the  classroom  if  school  attendance  is  determined  on  a  geo- 
graphic basis  without  corrective  measures.     The  right  to  an  equal  oppor- 
tunity for  education  and  the  harmful  consequences  of  segregation  require 
that  school  boards  take  steps,  insofar  as  reasonably  feasible,   to   alleviate 
racial  imbalance  in  schools  regardless  of  its  cause.'' 
The  court  further  noted  that  the  California  State  Board  of  Education  had  adopted 
regulations  "which  encourage  transfers  to  avoid  and  eliminate  racial  segregation."  '* 
The  court  suggested  some  of  the  factors  which  school  officials  should  consider  in 
designing  their  attendance  policies: 

School  authorities,  of  course,  are  not  required  to  attain  an  exact  apportion- 
ment of  Negroes  among  the  schools,  and  consideration  must  be  given  to  the 
various  factors  in  each  case,  including  the  practical  necessities  of  govern- 
mental operation.     For  example,  consideration  should  be  given,  on  the  one 
hand,  to  the  degree  of  racial  imbalance  in  the  particular  school  and  the  ex- 
tent to  which  it  aff'ects  the  opportunity  for  education  and,  on  the  other  hand, 
to    such    matters    as    the    difficulty    and    effectiveness    of    revising    school 
boundaries  so  as  to  eliminate  segregation  and  the  availability  of  other  facil- 
ities to  which  students  can  be  transferred." 
It  is  not  entirely  clear  whether  the  Jackson  dictum  rests  upon  Federal  constitutional 
grounds,  upon  the  cited  administrative  regulations  of  the  State  Department  of  Edu- 
cation, or  both.     In  Mulkey  v.  Reitman^^  however,  the  Supreme  Court  of  California 
cited  Jackson  in  the  course  of  considering  a  14th  amendment  question,  stating  that 
it  had  held  in  Jackson  that  "the  State,  because  it  had  undertaken  through  school  dis- 
tricts to  provide  educational  facilities  to  the  youth  of  the  State,  was  required  to  do 
so  in  a  manner  which  avoided  segregation  and  unreasonable  racial  imbalance  in  its 
schools."  ™ 

II.  Actions  by  States  To  Eliminate  Racial  Isolation 

The  courts  have  ruled  that  purposeful  segregation  of  Negro  and  white  pupils, 
whether  the  result  of  action  or  inaction  by  school  authorities,  is  unconstitutional 
even  where  such  segregation  is  not  formally  imposed  or  expressly  permitted  by  law 
and  even  where  it  is  less  than  complete.  The  courts  have  been  less  prepared  to  hold 
that  there  is  a  constitutional  duty  to  eliminate  adventitious  school  segregation.  Beyond 
the  matter  of  constitutional  obligation,  however,  lies  the  area  of  State  and  local 
legislative  and  administrative  action  to-^«lieve  racial  isolation  in  the  schools.  We  now 
turn  to  what  the  States  have  done  to  require  local  school  authorities  to  correct  or  re- 
duce racial  isolation. 

A.  States  Which  Have  Taken  The  Position  That  Racial  Isola- 
tion In  The  Public  Schools  Is  Harmful 

California,  Massachusetts,  New  York,  New  Jersey,  Wisconsin,  and  Connecticut  have 
taken  the  position,  in  executive  or  judicial  statements,  that  racial  isolation  in  the 
schools  has  a  damaging  effect  on  the  educational  opportunities  of  Negro  pupils.  The 
Supreme  Court  of  California  so  stated  in  the  Jackson  case.*"  Three  years  earlier,  in 
I960,  the  Board  of  Regents  of  the  State  of  New  York  stated  that: 

Modern  psychological  knowledge  indicates  that  schools  enrolling  students  largely 
of  homogeneous  ethnic  origin,  may  damage  the  personality  of  minority  group 


"'31  Cal.  Rptr.  at609,  610,  382  P.  2d  at  881,  882. 

''  31  Cal.  Rptr.  at  610,  382  P.  2d  at  882. 

"  Ibid. 

''50  Cal.  Rptr.  881,  413  P.  2d  825,  cert,  granted,  35  U.S.  L.  Week  3197  (U.S. 
Dec.  6,  1966). 

™  Id.  at  887,  413  P.  2d  at  831.  See  also,  Keller  v.  Sacramento  City  Unified  School 
District,  No.  146525,  Super.  Ct.,  Sacramento  County,  Cal.,  Oct.  8,  1963,  8  Race 
Rel.L.Rep.  1406  (1963). 

In  In  re  Skipwith,  14  Misc.  2d  325,  180  N.Y.S.  2d  852  (1958),  on  the  other  hand, 
the  Domestic  Relations  Court  of  the  City  of  New  York  rejected  the  contention  that 
adventitious  segregation  in  the  public  schools  of  New  York  City  constituted  a  denial 
of  equal  protection  of  the  laws. 

"^  Jackson  v.  Pasadena  City  School  District,  31  Cal.  Rptr.  at  609,  610,  382  P.  2d  at 
881,882. 

229 

243-637   O  -  67  -  16 


children.     Such  schools  decrease  their  motivation  and  thus  impair  the  ability 

to  learn.     Public  education  in  such  a  setting  is  socially  unrealistic,  blocks  the 

attainment  of  the  goals  of  democratic  education,  and  is  wasteful  of  manjjower 

and  talent,  whether  this  situation  occurs  by  law  or  by  fact.*^ 

In  the  same  year,  the  New  Jersey  Commissioner  of  Education  concluded  that  "in 

the  minds  of  Negro  pupils  and  parents  a  stigma  is  attached  to  attending  a  school 

whose  enrollment  is  completely  or  almost  exclusively  Negro,  and  that  this  sense  of 

.stigma  and  resulting  feeling  of  inferiority  have  an  undesirable  effect  upon  attitudes 

related  to  successful  learning."  *"     In  1965,  a  report  adopted  by  the  Massachusetts 

State  Board  of  Education  concluded  that  a  racially  imbalanced  school  was  detrimental 

to  sound  education.^ 

On  December  7,  1966,  the  Connecticut  Board  of  Education  adopted  a  policy 
statement  which  recognized  that  "the  high  concentration  of  minority  group  children 
in  urban  schools  produces  special  problems  in  providing  quality  education.  Isola- 
tion and  lack  of  exposure  to  the  mainstream  of  American  society  make  it  difficult  for 
these  children  to  achieve  their  full  education  potential."  ^ 

^  Statement  of  the  Board  of  Regents  of  the  State  of  New  York  adopted  on  Jan.  28, 
1960.  See  also  the  special  message  from  the  state  commissioner  of  education  to  all 
chief  local  school  administrators  and  presidents  of  boards  of  education,  8  Race  Rel. 
L.  Rep.  738  (1963)  and  "Report  of  the  Advisory  Committee  on  Human  Relations 
and  Community  Tensions,"  Apr.  30,  1963,  quoted  in  Mitchell  v.  Board  of  Education, 
8  Race  Rel.  L.  Rep.  735,  739-40  (1963). 

'=  Fischer  v.  Board  of  Education  (Orange),  8  Race.  Rel.  L.  Rep.  730,  Ti'i-TiA  (N.J. 
Comm.  of  Ed.  1963).  See  also  Booker  v.  Board  of  Education  (Plainfield),  8  Race 
Rel.  L.  Rep.  1228  (1963)  ;  Spruill  v.  Board  of  Education,  8  Race  Rel.  L.  Rep.  1234 
(1963). 

'^  Because  It  Is  Right- — Educationally,  Report  of  the  Advisory  Committee  on  Racial 
Imbalance  and  Education,  Massachusetts  State  Board  of  Education,  April  1965  (com- 
monly known  as  the  Kiernan  Report).     The  report  stated  of  racial  imbalance  that: 

— It  does  serious  educational  damage  to  Negro  children  by  impairing  their  con- 
fidence, distorting  their  self-image,  and  lowering  their  motivation. 
— It  does  moral  damage  by  encouraging  prejudice  within  children  regardless  of 
their  color. 

— It  presents  an  inaccurate  picture  of  life  to  both  white  and  Negro  children  and 
prepares  them  inadequately  for  a  multiracial  community,  nation,  and  world. 
— It  too  often  produces  inferior  education  facilities  in  the  predominantly  Negro 
schools. 

— It  squanders  valuable  human  resources  by  impairing  the  opportunities  of  many 
Negro  children  to  prepare  for  the  professional  and  vocational  requirements  of 
our  technolgical  society.  {Id.  at  2.) 
In  June  1964,  the  Pennsylvania  Human  Relations  Commission  issued  guidelines 
for  school  districts  to  observe  in  alleviating  racial  imbalance  (Pennsylvania  Human 
Relations  Commission,  "Guidelines  for  Fuller  Integration  of  Elementary  and  Second- 
ary Public  Schools,"  July  17,  1964).  Subsequently,  finding  after  a  hearing  that 
racial  imbalance  in  the  Chester,  Pa.  schools  had  dulled  the  motivation  and  depressed 
the  achievement  level  of  the  city's  Negro  pupils  (Record,  vol.  Ill,  p.  1249a,  Penn- 
sylvania Human  Relations  Commission  v.  Chester  School  District,  No.  637,  Ct.  of 
Common  Pleas  of  Dauphin  County,  1964),  the  commission  issued  a  remedial  order 
{Id.  at  1277a).  Subsequently,  however,  the  State  Court  of  Common  Pleas  held  that 
the  commission  had  no  jurisdiction  "to  enter  a  remedial  order  directed  at  mere  'de 
facto'  segregation"  {Pennsylvania  Human  Relations  Commission  v.  Chester  School 
District,  No.  304,  Super.  Ct.  of  Pa.,  Nov.  17,  1966).  The  Superior  Court  affirmed 
{Ibid.).  The  order  is  being  appealed  by  the  Commission.  Petition  for  allowance 
of  appeal,  Pennsylvania  Human  Relations  Commission  v.  Chester  School  District, 
supra. 

^  Policy  Statement  of  Connecticut  State  Board  of  Education  Concerning  Quality 
Education  for  Children  in  Minority  Groups,  Dec.  7,  1966,  series  1961-67,  circular 
letter  No.  6-8,  Dec.  12,  1966. 

In  1966,  the  Wisconsin  State  Superintendent  of  Public  Instruction  stated: 
"[SJchools  .  .  .  which  are  unrepresentative  of  the  general  community  structure  may 
not  adequately  meet  the  needs  of  the  children  concerned.  We  believe  that  lack  of 
opportunities  for  some  form  of  integration  is  harmful  to  the  white  community  as 
well  as  it  is  to  the  colored  community."  (Statement  by  the  Wisconsin  State  Super- 
intendent of  Public  Instruction,  entitled  "Department  Policy  Statement  on  De  Facto 
Segregation  and  Disadvantaging  Conditions,"  March  1966.) 

230 


B.  Standards 

A  smjill  number  of  States  have  required  some  type  of  action  to  correct  or  alleviate 
racial  imbalance  in  the  public  schools.  These  States  have  established  guidelines  on 
the  degree  of  imbalance  wfhich  should  trigger  relief. 

The  Massachusetts  legislature  has  defined  a  racially  imbalanced  school  as  one 
where  the  percentage  of  nonwhites  exceeds  50  percent  of  the  total  enrollment.*^ 
The  New  York  Commissioner  of  Education  has  defined  a  racially  imbalanced  school 
as  one  having  50  percent  or  more  Negro  pupils  enrolled.*"  The  Supreme  Court  of 
California  and  the  Supreme  Court  of  New  Jersey  have  indicated  that  "substantial" 
imbalance  would  call  for  relief.^  Illinois,  which  by  statute  requires  consideration 
of  ethnic  factors  in  drawing  school  attendance  areas  and  in  selecting  school  sites, 
imposes  no  statutory  requirement  upon  local  school  authorities  to  take  corrective 
action  which  is  dependent  upon  the  proportion  of  Negroes  to  whites  in  a  particular 
school,  but  an  Illinois  court  has  construed  the  statute  to  require  corrective  action 
where  a  school  was  76  percent  Negro.**  On  November  30,  1966,  the  Maryland 
State  Board  of  Education,  in  a  formal  opinion,  announced  that  "as  long  as  the 
neighborhood  school  concept  is  not  violated,  eflforts  ought  to  be  made  to  avoid 
lopsided  racial  imbalance  in  the  composition  of  the  student  bodies."  *" 

C.  Extent  of  Duty 

Massachusetts  and  New  York  purport  to  require  the  elimination  of  racial  imbal- 
ance in  all  schools.  The  Supreme  Court  of  California  has  cautioned  that  "consid- 
eration must  be  given  to  the  various  factors  in  each  case,  including  the  practical 
necessities  of  governmental  operation,"  including  "the  difficulty  and  effectiveness 
of  revising  school  boundaries  so  as  to  eliminate  segregation  and  the  availability  of 
other  facilities  to  which  students  can  be  transferred."  '"'  The  Supreme  Court  of  New 
Jersey  requires  "a  reasonable  plan  achieving  the  greatest  dispersal  consistent  with 
sound  educational  values  and  procedures."  Many  factors  must  be  "conscientiously 
weighed  by  the  school  authorities,"  including  "considerations  of  safety,  convenience, 
time  economy,  and  the  other  acknowledged  virtues  of  the  neighborhood  policy."  "' 
The  Illinois  law  requires  local  school  authorities  to  consider  the  effects  of  racial 
imbalance,  along  with  other  relevant  educational  factors,  in  selecting  school  sites  and 
drawing  attendance  zones.*'  In  Maryland,  the  State  Board  of  Education  requires 
school  districts  to  eliminate  "lopsided"  racial  imbalance,  but  only  when  consistent 
with  the  neighborhood  school  concept.*^ 

D.  Implementation 

The  Massachusetts  policy  is  supported  by  the  strongest  enforcement  powers.  In 
August  1965,  the  Massachusetts  Legislature  enacted  a  Racial  Imbalance  Act,  which 
provides  that  upon  notification  by  the  State  Board  that  a  school  within  its  system 
is  racially  imbalanced,  a  school  committee  must  prepare  and  file  with  the  board  a 


"^Mass.  Gen.  Laws,  ch.  15,  sec.  l-I;  eh.  71,  sees.  .37C,  37D  (1965). 

**  Memorandum  from  State  Commissioner  of  Education  to  all  Chief  Local  School 
Administrators  and  Presidents  of  Boards  of  Education,  8  Race  Rel.  L.  Rep.  738, 
739  (1963).     See  Mitchell  v.  Board  of  Education,  8    Race  Rel.  L.  Rep.  735  (1963). 

^Jackson  v.  Pasadena  City  School  District,  31  Cal.  Rptr.  at  609,  382  P.  2d  ai 
881;  Booker  v.  Board  of  Education  ( Plainfield ) ,  45  N.J.  161,  178,  212  A.  2d  1,  10 
(1965). 

^Tometz  v.  Board  of  Education,  Waukegan  City  School,  School  District  No.  61, 
Civil  No.  65-3917,  Cir.  Ct.  of  the  19th  Jud.  Cir.,  Lake  County,  111.,  July  20,  1966. 

^  In  the  Matter  of  Parole  School  Attendance  Area,  Maryland  State  Board  of  Edu- 
cation, Nov.  30,  1966,  p.  4. 

"^Jackson  v.  Pasadena  City  School  District,  31  Gal.  Rptr.  at  610,  382  P.  2d  at  882. 

"^  Booker  v.  Board  of  Education,  45  N.J.  1 6 1 ,  1 80,  2 1 2  A.  2d  1 ,  1 1  ( 1 965 ) . 

""  Infra. 

"'In  the  Matter  of  Parole  School  Attendance  Area,  Maryland  State  Board  of 
Education,   Nov.   30,   1966,  p.  4. 

231 


plan  to  eliminate  the  imbalance."  If  the  committee  fails  to  show  progress 
within  a  reasonable  time  in  eliminating  racial  imbalance  in  its  school  system,  the 
Commissioner  of  Education  must  refuse  to  certify  all  State  school  aid  for  that 
system.*^ 

Massachusetts  is  the  only  State  which  requires,  either  by  law  or  administrative 
regulation,  that  State  educational  funds  be  withheld  from  school  systems  operating 
racially  imbalanced  schools. 

Like  Massachusetts,  Illinois  has  passed  legislation  designed  to  alleviate  racial 
imbalance.*^  In  June  1963,  in  the  Armstrong  Act,  Illinois  amended  its  school 
code  by  adding  the  following  sentence  to  the  sections  dealing  with  the  erection  and 
acquisition  of  school  buildings : 

In  erecting,  purchasing,  or  otherwise  acquiring  buildings  for  school  pur- 
poses, the  board  shall  not  do  so  in  such  a  manner  as  to  promote  segrega- 
tion and  separation  of  children  in  public  schools  because  of  color,  race  or 
nationality.*^ 

To  the  sections  dealing  with  attendance  units  "*  and  subdistricts  ""  the  following 
provision  was  added : 

As  soon  as  practicable,  and  from  time  to  time  thereafter,  the  board  shall 
change  or  revise  existing  units  [subdistricts]  or  create  new  units  [subdistricts] 
in  a  manner  which  will  take  into  consideration  the  prevention  of  segregation 
and  the  elimination  of  separation  of  children  in  public  schools  because  of 
color,  race  or  nationality. 

Enforcement  of  these  provisions  appears  to  be  left  to  the  courts  upon  the  com- 
plaints of  aggrieved  individuals.^*" 

"  Mass.  Gen.  Laws,  ch.  71,  sec.  37D  (1965).  The  act  requires  each  school  commit- 
tee within  the  State  to  submit  annually  to  the  State  Board  of  Education  a  racial  census 
of  its  schools.  Should  the  board  determine  that  racial  imbalance  exists  in  any  school, 
it  must  so  notify  the  school  committee  operating  the  school. 

^  Mass.  Gen.  Laws,  ch.  1 5  sec.  1  ( I )  ( 1 965 ) .  Under  this  statute,  the  State  Board  of 
Education  voted  unanimously  to  withdraw  State  financial  aid  from  the  Boston  school 
system  in  April  1966,  after  having  rejected  a  plan  submitted  by  the  Boston  School 
Committee.  On  June  13,  1966,  the  Boston  School  Committee  submitted  a  revised 
plan  in  an  effort  to  comply  with  the  law  (Boston  School  Committee,  Racial  Imbalance 
Plan,  June  13,  1966).  This  plan  was  rejected  by  the  State  Board  of  Education  on 
June  28,  1966  (Massachusetts  Board  of  Education,  Review  of  Boston  School  Commit- 
tee Revised  Plan  on  Racial  Imbalance,  June  28,  1966).  On  July  26,  1966,  this  rejec- 
tion was  reaffirmed.  On  Aug.  5,  1966,  the  Boston  School  Committee  filed  suit  in 
Superior  Court  against  the  State  Board  of  Education  challenging  the  State  Board's 
actions  (School  Committee  of  the  City  of  Boston  v.  The  Board  of  Education,  Docket 
No.  85853— equity,  Aug.  5,  1966) .  On  Sept.  26,  1966,  the  Boston  School  Committee 
filed  a  second  suit  in  Superior  Court  challenging  the  constitutionality  of  the  act 
(Eisenstadt  v.  Board  of  Education,  Docket  No.  86080 — equity,  Sept.  23,  1966).  In 
the  first  suit  the  superior  court  has  ruled  that  the  State  Board  of  Education  acted 
arbitrarily  in  withholding  funds  from  the  Boston  public  schools.  School  Committee  of 
the  City  of  Boston  v.  State  Board  of  Education,  supra,  Dec.  21,  1966. 

^  The  Illinois  statutes  contain  certain  exemptions  for  school  districts  with  popula- 
tions from  1,000  to  not  more  than  500,000. 

"111.  Stat.  Ann.  ch.  122,  sec.  10-20.11  (Smith-Hurd  Supp.  1963)  (applicable 
to  school  districts  with  populations  from  1,000  to  not  more  than  500,000:  111.  Stat. 
Ann.  ch.  122,  sec.  10-1,  10-10  (Smith-Hurd  1962));  111.  Stat.  Ann.  ch.  122,  sec. 
34-22  (Smith-Hurd  Supp.  1965)  (applicable  to  the  city  of  Chicago:  111.  Stat.  Ann. 
ch.  122,  sec.  34-1,  34-2  (Smith-Hurd  1962)).  Two  months  later,  however,  this 
sentence  was  deleted  from  the  section  covering  school  districts  with  populations  not 
more  than  500,000.  111.  Stat.  Ann.  ch.  122,  sec.  10-22.36  (Smith-Hurd  Supp.  1965), 
Senate  Bill  No.  909,  sec.  2  ( 1 963 ) . 

*'I11.  Stat.  Ann.  ch.  122,  sec.  10-21.3  (Smith-Hurd  Supp.  1965)  which  applies 
to  school  districts  with  populations  not  more  than  500,000  (111.  Stat.  Ann.  ch.  122, 
sec.  10-1,  10-10  (Smith-Hurd  1962)). 

*'I11.  Stat.  Ann.  ch.  122,  sec.  34-18  (7)  (Smith-Hurd  Supp.  1965)  which  applies 
to  the  city  of  Chicago.     111.  Stat.  Ann.  ch.  122,  sec.  34-1,  34-2  (Smith-Hurd  1962). 

'""  On  July  20,  1966,  an  Illinois  Circuit  Court  held  that  the  Armstrong  Act  was  "a 
clear  injunction  to  public  school  boards  in  this  state  to  act  to  correct  the  racial 
imbalance    in    schools    as   soon    as   practicable."      Tometz   v.    Board    of  Education, 

Footnote  continued  on.  following  page. 

232 


New  Jersey,  New  York,  and  California  have  taken  action  against  racial  imbalance 
either  through  administrative  regulations,  quasi-judicial  rulings  of  the  State  Com- 
missioner of  Education,  judicial  decisions  of  State  courts,  or  a  combination  of  these 
means.  In  New  Jersey  and  New  York,  reliance  has  been  placed  on  general  provisions 
of  State  law  guaranteeing  equal  educational  opportunity.  The  sanctions  available 
to  enforce  these  regulations  and  rulings  vary.  In  New  York,  where  the  Com- 
missioner of  Education  has  required  local  school  authorities  to  eliminate  racial  imbal- 
ance the  Commissioner  has  authority  under  State  law  to  withhold  funds  or  to 
remove  school  board  members  for  failure  to  comply  with  his  determinations.*'"  The 
New  Jersey  Commissioner  of  Education  has  the  power  to  withhold  funds  if  a  school 
district  fails  to  "comply  with  the  regulations  and  standards  for  the  equalization  of 
opportunity  which  have  been  or  .  .  .  may  be  prescribed  by  law  or  formulated  by  the 
Commissioner  of  Education  or  the  State  Board  pursuant  to  law."  '"^ 

The  sanctions  available  to  the  New  York  and  New  Jersey  commissioners  are  lacking 
in  California,  where  the  State  Board  of  Education,  pursuant  to  its  statutory  rule- 
making authority,  has  issued  regulations — approved  by  the  Supreme  Court  of  Cali- 
fornia— requiring  school  boards  to  take  certain  action  to  avoid  racial  imbalance."" 
It  is  not  clear  what  sanctions,  if  any,  the  State  Board  may  impose  in  the  event  of 
failure  to  comply."" 

In  Maryland  the  State  Board,  which  is  charged  with  the  power  of  determining 
the  educational  policies  of  the  State  and  has  "the  last  word  on  any  matter  concerning 
educational  policy  or  the  administration  of  its  system  of  public  education,"  has  the 
power  to  specify  school  district  boundaries."^ 


Waukegan  City  School  District  No.  61,  Civil  No.  65-3917,  Cir.  Ct.  of  the  19th  Jud. 
Cir.,  Lake  County,  111.,  July  20,  1966,  p.  11.  The  court  held  that  the  act  was 
constitutional.  The  school  which  plaintiffs'  children  attended  was  76  percent 
Negro  while  four  surrounding  schools  were  all  white.  The  school  board  was  ordered 
to  file  a  plan  with  the  court  "making  a  reasonable  revision  of  some  or  all  of  the 
aforesaid  attendance  unit  boundaries  in  order  to,  in  some  measure,  ameliorate  the 
racial  imbalance  presently  existing  in  the  units  in  question"  {Id.  at  12).  In  holding 
that  "state  action  to  deal  with  problems  of  racial  imbalance  in  schools  is  constitu- 
tional," the  court  laid  down  the  "necessary  corollary"  that  the  "state  corrective  action 
be  reasonable  and  related"  [sic]  {Id.  at  7). 

*«N.Y.  Ed.  Code,  title  1,  art.  7,  sec.  306  (1957). 

*"N.J.  Stat.  Ann.  18:  10-29.44  (1954). 

''"On  Feb.  20,  1963,  the  California  Board  of  Education,  acting  under  its  statutory 
rulemaking  authority  (Calif.  Ed.  Code  §  152),  filed  an  amendment  to  title  5  of  the 
California  Administrative  Code  which  provides  that,  to  avoid,  "insofar  as  practicable, 
the  establishment  of  attendance  areas  and  attendance  practices  which  in  practical 
effect  discriminate  upon  an  ethnic  basis  against  pupils  or  their  families  or  which  in 
practical  effect  tend  to  establish  or  maintain  segregation  on  an  ethnic  basis,"  the  gov- 
erning board  of  a  school  district  in  establishing  attendance  areas  and  attendance  prac- 
tices shall  include  ethnic  factors  among  the  factors  considered  (§  2011). 

In  May  1963,  the  State  board  implemented  its  policy  by  promulgating  two  more 
amendments  to  title  5.  One  directed  the  department  of  education  to  give  "special 
attention"  to  ethnic  factors  in  approving  school  sites  (California  Administrative  Code, 
title  5,  §  2001.  (Reprinted  in  "California  Laws  and  Policies  Relating  to  Equal 
Opportunities  in  Education,"  3  (Sacramento,  1966)).  The  other  stipulated  that 
each  recommendation  for  the  organization  of  a  new  district  submitted  by  a  county 
committee  shall  contain  an  assurance  that  in  its  judgment  the  "new  district  will 
not  place  obstacles  in  the  way  of  achieving  racial  integration  in  the  schools." 
(Calif.  Admin.  Code,  title  5,  §  135.3(e)  (2).) 

'"*  Telephone  interview  with  Mr.  Lawrence  Kerney,  counsel  for  the  California  State 
Board  of  Education,  Dec.  12,  1966. 

'*"^/n  the  Matter  of  Parole  School  Attendance  Area,  Maryland  State  Board  of 
Education,  Nov.  30,  1966,  pp.  3,  4. 

Four  other  States — Indiana,  Michigan,  Wisconsin,  and  the  State  of  Washington — 
in  some  measure  have  encouraged  local  school  authorities  to  take  action  to  alleviate 
racial  imbalance,  without  making  such  action  an  enforceable  requirement.  Burns 
Ind.  Stat.  Ann.  28-5157  (1965)  ;  Joint  statement,  Michigan  State  Board  of  Educa- 
tion and  Michigan  Civil  Rights  Commission,  Apr.  23,   1966,  pp.   1-2;  "Suggested 

Footnote  continued  on  following  page. 

233 


In  Massachusetts,  the  State  Board  is  required  to  provide  technical  assistance  to 
school  committees  in  formulating  plans  to  relieve  racial  imbalance.  The  school 
building  assistance  commission,  moreover,  is  required  to  increase  the  amount  of 
grants  for  school  construction  to  65  percent  of  the  approved  cost  whenever  the 
board  of  education  is  satisfied  that  the  construction  or  enlargement  of  a  school  is 
for  the  purpose  of  reducing  or  eliminating  racial  imbalance  in  the  school  system. 
In  1966,  the  New  York  State  Legislature  appropriated  a  million  dollars  partly  to  assist 
school  districts  in  the  State  to  develop  plans  and  programs  for  correcting  racial  isola- 
tion in  the  schools.^"* 

E.  Judicial  Challenges  to  Remedial  Action 

The  courts  consistently  have  upheld  actions  at  the  State  or  local  level  designed 
to  eliminate  or  alleviate  racial  imbalance  in  the  public  schools  against  the  charge  by 
white  parents  that  it  is  unconstitutional  or  unlawful  to  take  race  into  consideration. 

In  Fuller  v.  Volk,^'"  the  Englewood  School  Board,  under  a  plan  to  reduce  racial 
imbalance  in  the  elementary  schools,  assigned  all  sixth-grade  pupils  to  one  city-wide 
school  (Lincoln)  and  gave  all  the  students  in  grades  one  through  five  at  Lincoln 
the  option  to  attend  other  specified  elementary  schools.^"^  The  plaintiffs,  parents 
of  white  sixth-grade  children,  argued  that  the  plan  had  been  adopted  solely  because 
of  racial  considerations,  that  their  children  were  being  discriminated  against  on  the 
basis  of  race  because  they  could  not  attend  their  neighborhood  school,  and  that 
therefore  the  plan  was  unconstitutional.  Disagreeing,  the  court  held  that  "a  local 
board  of  education  is  not  constitutionally  prohibited  from  taking  race  into  account 
in  drawing  or  redrawing  school  attendance  lines  for  the  purpose  of  reducing  or 
eliminating  de  facto  segregation  in  its  public  schools."  "* 

Action  taken  to  implement  the  New  York  policy  on  racial  imbalance  has  been 
challenged  frequently  in  the  courts  as  repugnant  to  the  due  process  and  equal  pro- 
tection clauses  of  the  14th  amendment  and  to  New  York  State  law.  But  except 
in  one  case  where  the  results  were  held  to  be  arbitrary  and  capricious,  the  lawsuits 
have  been  uniformly  unsuccessful.™     Although  the  State  courts  at  first  looked  to  see 


Guidelines  for  Providing  for  the  Maximal  Education  of  Children  of  all  Races  and 
Creeds  in  the  Schools  of  Michigan"  (1964)  (Report  to  the  State  Superirrtendent  of 
Public  Instruction  from  the  State  Committee  on  Equal  Educational  Opportunity)  ; 
Superintendent  of  Public  Instruction,  State  of  Washington,  "Guide  for  Approved 
School  Transportation,"  Aug.  26,  1966;  Statement  by  the  Wisconsin  State  Super- 
intendent of  Public  Instruction,  "Department  Policy  Statement  on  de  Facto  Segrega- 
tion and  Disadvantaging  Conditions,"  March  1966.  -> 

'»*  106  Mass.  Gen.  Laws  ch.  15  §  l-I  (1965)  ;  Testimony  of  James  E.  Allen,  Jr. 
Commissioner  of  Education,  New  York  State,  U.S.  Commission  on  Civil  Rights, 
"Manuscript  of  Transcript  of  Proceedings,"  Rochester,  N.Y.,  392-93,  Sept.  17,  1966. 

^•^  230  F.  Supp.  25  (D.  N.J.  1964),  vacated  and  remanded  for  determination  of 
jurisdiction,  351  F.  2d  323  (3dCir.  1965),  on  remand  250  F.  Supp.  81  (D.N.J.  1966). 

""230  F.  Supp.  at  28. 

*°*  Id.  at  34.  Similarly,  in  Morean  v.  Board  of  Education  (Montclair) ,  42  N.J.  237, 
200  A.  2d  97  (1964),  the  Supreme  Court  of  New  Jersey  upheld  the  action  of  the 
Montclair  School  Board  in  closing  a  predominantly  Negro  junior  high  school  and 
distributing  the  students  evenly  among  the  three  other  junior  high  schools  until  the 
school  board  could  carry  out  a  plan  to  replace  all  of  the  junior  high  schools  with  a 
single  centrally  located  school.  The  court  pointed  out  that  "racial  imbalance  .  .  . 
though  fortuitous  in  origin,  presents  much  the  same  disadvantages  as  are  presented 
by  segregated  schools"  [Id.  at  243,  200  A.  2d  at  100).  Declaring  that  racial  classi- 
fications do  not  automatically  violate  the  equal  protection  clause,  the  court  held  that 
the  purpose  of  the  racial  classification  is  determinative  of  its  constitutionality. 
Although  the  relocation  plan  was  racially  motivated,  the  court  held  it  did  not  violate 
the  14th  amendment  since  its  purpose  was  to  reduce  racial  imbalance  (42  N.J.  at 
243-44,  200  A.  2d  at  100).  See  also  Schults  v.  Board  of  Education  (Teaneck),  86 
N.J.  Super.,  29,  205  A.  2d  762  (1964). 

""  Balaban  v.  Rubin,  20  App.  Div.  2d  438,  248  N.Y.S.  2d  574,  aff'd,  14  N.Y.  2d 
193,   250  N.Y.S.    2d   281,  cert,   denied,   379   U.S.   881    (1964)    (New  York  City); 

Footnote  continued  on  following  page. 

234 


whether  the  school  board  plan  was  justified  by  educational  factors  other  than  a 
desire  to  overcome  racial  imbalance,"^  more  recently  a  New  York  court  indicated 
that  a  plan  designed  solely  to  correct  racial  imbalance  would  not  for  that  reason 
be  unconstitutional."^  In  Buffalo,  after  the  commissioner  of  education  had  ordered 
the  school  board  to  remedy  racial  imbalance  in  the  schools,  suit  was  brought  in 
Federal  court  attacking  the  order  as  a  violation  of  the  14th  amendment.  Rejecting 
this  argument,  the  court  held  that  ".  .  .  the  14th  amendment,  while  prohibiting  any 
form  of  invidious  discrimination,  does  not  bar  cognizance  of  race  in  a  proper  effort 
to  eliminate  racial  imbalance  in  a  school  system."^ 

The  rationale  of  these  decisions  has  been  articulated  by  the  Court  of  Appeals  for  the 
First  Circuit.  Commenting  on  a  plan  to  relieve  racial  imbalance,  the  court  stated 
in  dictum: 

It  has  been  suggested  that  classification  by  race  is  unlawful  regardless  of 
the  worthiness  of  the  objective.  We  do  not  agree.  The  defendants'  pro- 
posed action  does  not  concern  race  except  insofar  as  race  correlates  with 
proved  deprivation  of  educational  opportunity.  This  evil  satisfies  whatever 
"heavier  burden  of  justification"  there  might  be.  Cf.  McLaughlin  v.  State 
of  Florida,  1964,  379  U.S.  184,  194.  ...  It  would  seem  no  more  unconstitu- 
tional to  take  into  account  plaintiffs'  special  characteristics  and  circum- 
stances that  have  been  found  to  be  occasioned  by  their  color  than  it  would 
be  to  give  special  attention  to  physiological,  psychological,  or  sociological 
variances  from  the  norm  occasioned  by  other  factors.  That  these  differ- 
ences happen  to  be  associated  with  a  particular  race  is  no  reason  for  ignor- 
ing them.    [Citations  omitted.]  "* 

Ironically,  those  who  maintain  the  position  that  school  boards  may  not  take  race 
into  account  in  formulating  student  assignment  plans  have  relied  on  Mr.  Justice 
Harlan's  statement,  dissenting  in  Plessy  v.  Ferguson"^  that  "our  Constitution  is 
colorblind,  and  neither  knows  nor  tolerates  classes  among  citizens."  On  August  15, 
1963,  the  Attorney  General  of  California,  ruling  in  an  official  opinion  that  a  school 
board  may  adopt  a  plan  to  relieve  imbalance  which  utilizes  race  as  a  factor  ".  .  .  if 
the  purpose  of  considering  the  racial  factor  is  to  effect  desegregation  in  the  schools, 
and  the  plan  is  reasonably  related  to  the  accomplishment  of  that  purp>ose,"  gave  the 
following  response  to  this  argument : 

"Our  Constitution  is  colorblind"  was  Justice  Harlan's  admonition  against 
the  "separate  but  equal"  doctrine.  To  decide  that  the  combined  thinking 
and  efforts  of  persons  of  all  races  may  not  recognize  a  present  inequality  as 
the  starting  point  in  a  program  designed  to  help  achieve  that  equality  which 


Addabo  v.  Donovan,  43  Misc.  2d  621,  251  N.Y.S.  2d  856  (1964),  aff'd,  22  App.  Div. 
383,  256  N.Y.S.  2d  178  (1965),  aff'd,  16  N.Y.  2d  619,  261  N.Y.S.  2d  68  (1965) 
(New  York  City) ;  Schnepp  v.  Donovan,  43  Misc.  2d  917,  252  N.Y.S.  2d  543  (1964) 
(New  York  City) ;  Strippoli  v.  Bickal,  21  App.  Div.  2d  365,  367,  250  N.Y.S.  2d  969, 
972  (Rochester)  reversing  42  Misc.  2d  475,  248  N.Y.S.  2d  588  (1964)  ;  Di  Sana  v. 
Storandt,  22  App.  Div.  2d  6,  253  N.Y.S.  2d  411  (1964),  reversing  43  Misc.  2d  272. 
250  N.Y.S.  2d  701  (1964);  Katalinic  v.  City  of  Syracuse,  44  Misc.  2d  734,  254 
N.Y.S.  2d  960  (1964)  (Syracuse);  Etter  v.  Littwitz,  47  Misc.  2d  473,  262  N.Y.S. 
2d  924  ( 1965)  (Rochester) ;  Offermann  v.  Nitkowski,  248  F.  Supp.  129  ( 1965)  (Buf- 
falo) ;  Vetere  v.  Allen,  15  N.Y.  2d  259,  258  N.Y.S.  2d  77  (1965)   (Malveme). 

In  Blumberg  v.  Donovan,  10  Race  Rel.  L.  Rep.  152  (No.  5065  N.Y.  Sup.  Ct. 
Queens  County,  special  term,  pt.  I,  July  8,  1964),  a  pairing  plan  of  the  New  York 
City  school  board  was  invalidated  on  the  ground  that  the  results  were  "arbitrary 
and  unreasonable"  in  that  it  compelled  "the  transfer  of  petitioner's  children,  who 
are  of  tender  years  (grades  3  to  6)  and  who  now  attend  a  school  across  the  street 
from  where  they  live,  to  a  school  approximately  %o  of  a  mile  away,  to  and  from 
which,  if  they  return  home  for  lunch,  they  must  walk  a  total  of  about  4  miles  a  day, 
and  each  of  the  4  times  they  make  this  trip  must  cross  1 2  street  intersections  including 
2  heavily  trafficked  streets.   .   .   ."  {ibid.). 

"^See,  e.g.,  Balaban  v.  Rubin,  supra;  Strippoli  v.  Bickal,  supra;  Di  Sano  v. 
Storandt,  supra. 

^■^^  Katalinic  v.  City  of  Syracuse,  supra,  at  736,  254  N.Y.S.  2d  at  962. 

"'  Offermann  v.  Nitkowski,  248  F.  Supp.  129  (W.D.  N.Y.  1965). 

^'^Springfield  School  Committee  v.  Barksdale,  348  F.  2d  261,  266  (1st  Cir.  1965). 

"M63  U.S.  537,  559  (1896). 

235 


Justice  Harlan  sought  would  be  to  conclude  not  merely  that  the  Constitution 
is  colorblind,  but  that  it  is  totally  blind.''" 

Summary:  The  courts  have  held  purposeful  school  segregation  to  be  unconstitu- 
tional— including  segregation  that  is  less  than  total.  They  have  indicated  that  purpose- 
ful segregation  which  is  the  product  of  inaction  is  as  repugnant  to  the  14th  amendment 
as  purposeful  segregation  which  is  the  result  of  affirmative  conduct.  The  courts  have 
not  been  so  ready  to  say  that  adventitious  segregation  is  unconstitutional.  That  result 
has  been  reached  only  in  a  few  cases  involving  smaller  cities  and  suburban  jurisdictions 
in  which  the  Negro  population  did  not  constitute  a  large  portion  of  the  population 
and  where  the  problem  seemed  susceptible  of  a  judicial  remedy.  In  these  cases  the 
courts  have  reached  the  question  of  whether  adventitious  segregation  is  harmful  to 
Negro  children  and  unanimously  have  concluded  that  it  is.  In  suits  against  school 
systems  of  large  cities,  on  the  other  hand,  where  the  Negro  school  age  population  is 
a  much  larger  proportion  of  the  total  school  age  enrollment,  and  where  judges  often 
have  been  troubled  by  the  difficulty  of  devising  a  remedy  which  the  school  system 
could  implement,  the  courts  have  ruled  that  adventitious  segregation  is  not  uncon- 
stitutional, without  reaching  the  factual  question  of  whether  Negro  students  are 
harmed  by  such  segregation.  The  courts  have  rejected  claims  by  white  parents  that 
where  the  State  or  the  school  authorities  take  corrective  action,  the  Constitution  is 
violated. 

Thus,  the  result  of  most  judicial  decisions  to  date  has  been  to  leave  the  question  of 
remedying  racial  imbalance  to  the  legislative  and  executive  branches  of  the  Federal 
and  State  governments.  A  small  number  of  States  have  enumerated  policies  directed 
at  correcting  racial  imbalance,  and  fewer  still  have  provided  machinery  for  imple- 
menting these  policies.  We  turn  next  to  a  consideration  of  present  Federal  policy  on 
racial  isolation  and  the  authority  of  Congress  to  take  corrective  action. 

III.  The  Congressional  Response 

Congress  has  passed  legislation  aimed  at  eliminating  racial  discrimination  in  the 
assignment  of  children  to  public  schools.  But  this  legislation  does  not  appear  to  dictate 
the  imposition  of  sanctions  solely  for  failure  to  overcome  racial  imbalance. 

''"42  Ops.  Cal.  Atty.  Gen.  33,  34-35  (1963),  8  Race  Rel  L.  Rep.  1303,  1305 
(1963).  See  also  46  Ops.  Cal.  Atty.  Gen.  45-47  (1965)  ;  Guida  v.  Board  of  Educa- 
tion, 26  Conn.  Supp.  121,  213  A.  2d.  843  (1965)  ;  Wanner  v.  County  School  Board 
(Arlington),  357  F.  2d  452,  455  (4th  Cir.  1966).  Cf.  Brooks  v.  Beta,  Civil  No. 
22809,  5th  Cir.,  July  29,  1966,  overruling  Collins  v.  Walker,  335  F.  2d  417  (5th 
Cir.  1964),cert.  denied,  379  U.S.  901  (1964)  ;Tancil  v.  Woolls,  379  V.S.  19  (1964), 
affirming  per  curiam,  Hamm  v.  Virginia  State  Board  of  Elections,  230  F.  Supp.  156, 
157  (E.D.  Va.  1964). 

It  follows,  a  fortiori,  that  a  school  board  may  take  race  into  account  in  undoing 
past  discrimination  by  school  authorities.  In  Wanner  v.  County  School  Board  (Ar- 
lington, supra,  the  school  board  had  adopted  a  plan  to  desegregate  the  county's 
all-Negro  junior  high  school,  which  had  remained  "as  it  was  contrived,  a  Negro 
enclave  entirely  surrounded  by  white  school  zones"  {Id.  at  453).  Three  junior  high 
school  districts  were  combined  to  form  two  new  districts,  each  of  which  would 
have  a  student  enrollment  75  percent  white  and  25  percent  Negro.  The  school 
board  had  knowledge  of  racial  imbalance  in  the  student  population  and  was  aware 
that  the  new  plan  would  reduce  the  imbalance  {Id.  at  454).  The  district  court 
held  that  ".  .  .  racial  balance  was  the  prime  criterion  used  in  redrawing  the 
boundaries  and  that  considerations  based  on  race  are  constitutionally  impermis- 
sible .  .  ."  {Id.  at  453).  Reversing,  the  Court  of  Appeals  for  the  Fourth  Circuit 
stated  (357  F.  2d  at  454)  :  "If  a  school  board  is  constitutionally  forbidden  to  institute 
a  system  of  racial  segregation  by  the  use  of  artificial  boundary  lines,  it  is  likewise 
forbidden  to  perpetuate  a  system  that  has  been  so  instituted.  It  would  be  stultifying 
to  hold  that  a  board  may  not  move  to  undo  arrangements  artificially  contrived  to 
efTect  or  maintain  segregation,  on  the  ground  that  this  interference  with  the  status 
quo  would  involve  'consideration  of  race.'  When  school  authorities,  recognizing  the 
historic  fact  that  existing  conditions  are  based  on  a  design  to  segregate  the  races,  act 
to  undo  these  illegal  conditions — especially  conditions  that  have  been  judicially  con- 
demned— their  effort  is  not  to  be  frustrated  on  the  ground  that  race  is  not  a  per- 
missible consideration.  This  is  not  the  'consideration  of  race'  which  the  Constitution 
discountenances." 

236 


Title  VI  of  the  Civil  Rights  Act  of  1964,  which  authorizes  the  withholding  of  Federal 
funds  from  public  and  private  schools  and  school  systems  participating  in  Federal 
aid-to-education  programs  where  the  programs  are  operated  in  a  racially  discrimina- 
tory manner,  states : 

Sec.  601.  No  person  in  the  United  States  shall,  on  the  ground  of  race, 
color,  or  national  origin,  be  excluded  from  participation  in,  be  denied  the 
benefits  of,  or  be  subjected  to  discrimination  under  any  program  or  activity 
receiving  Federal  financial  assistance."' 

The  word  "discrimination"  in  title  VI  is  not  defined.  It  can  be  argued,  however, 
that  in  another  title  of  the  1964  act,  dealing  specifically  with  school  desegregation, 
Congress  manifested  an  intent  to  exclude  racial  imbalance  from  the  scope  of  title  VI. 
Title  IV  provides  that  the  Commissioner  of  Education  is  authorized  to  render  tech- 
nical assistance  in  the  preparation,  adoption,  and  implementation  of  plans  for  the 
desegregation  of  public  schools  upon  the  request  of  local  school  officials  (sec.  403)."* 
The  Commissioner  also  is  authorized  to  make  grants  for  in-service  training  of  teachers 
to  deal  with,  or  for  employment  of  specialists  to  advise  on,  problems  incident  to 
desegregation""  (sec.  405).  The  word  "desegregation"  is  defined  in  section  401  to 
mean  "the  assignment  of  students  to  public  schools  and  within  such  schools  without 
regard  to  their  race,  color,  religion  or  national  origin,  but  .  .  .  shall  not  mean  the 
assignment  of  students  to  public  schools  in  order  to  overcome  racial  imbalance."  "° 

Section  401  (b)  simply  defines  the  term  "desegregation"  as  it  appears  in  the  sections 
of  title  IV  authorizing  technical  and  financial  assistance  to  desegregating  school 
districts.  Another  section  in  title  IV,  however  (sec.  407),  which  authorizes  the 
Attorney  General  to  bring  school  desegregation  suits  under  certain  specified  con- 
ditions, contains  a  congressional  disclaimer  of  intent  to  authorize  Federal  officials 
to  require  racial  balance  by  tJie  transportation  of  pupils,  at  least  until  it  is  clear  that 
racial  imbalance  is  unconstitutional.^  Section  407(a)  (2)  provides  that  ".  .  .  noth- 
ing herein  shall  empower  any  official  or  court  of  the  United  States  to  issue  any  order 
seeking  to  achieve  a  racial  balance  in  any  school  by  requiring  the  transportation  of 
pupils  or  students  from  one  school  to  another  or  one  school  district  to  another  in 
order  to  achieve  such  racial  balance  or  otherwise  enlarge  the  existing  power  of  the 
court  to  insure  compliance  with  constitutional  standards."  The  reference  to  "any 
official,"  as  well  as  "any  court,"  arguably  suggests  that  in  using  the  term  "nothing 
herein,"  Congress  meant  "nothing  in  this  act,"  rather  than  "nothing  in  title  IV."  "" 

Thus,  the  Commissioner  of  Education  has  taken  the  position  that  racial  imbal- 
ance— not    caused    by    purposefully    discriminatory    action    of    school    officials — "is 


"'  78  Stat.  252  (1964),  42  U.S.C.  §  2000d-l  (1964).  Title  VI  regulations  issued 
by  the  Department  of  Health,  Education,  and  Welfare  (45  C.F.R.  80  et  seq.  ( 1964) ) 
apply  both  to  public  and  private  schools  and  school  systems.  See  45  C.F.R.  80.4 
(1964)  which  is  applicable  to  elementary  and  secondary  schools.  Private  schools  par- 
ticipating in  programs  covered  by  title  VI  must  file  assurances  of  compliance  with  the 
State  that  receives  the  grant  (telephone  interview  with  Jules  Mangel,  Office  of  General 
Counsel,  Department  of  Health,  Education  and  Welfare).  While  HEW  has  issued 
detailed  guidelines  governing  public  elementary  and  secondary  school  education, 
45  C.F.R.  Part  181  (1966),  as  amended,  however,  it  has  not  promulgated  guidelines 
for  private  schools. 

""78  Stat.  246  (1964),  42  U.S.C.  §  2000c-6  (1964). 

""  78  Stat.  247  ( 1964),  42  U.S.C.  §  2000c-4  (1964). 

'=«78Stat.  246  (1964),  42  U.S.C.  §2000c(b)  (1964). 

^  Sec.  407  authorizes  the  Attorney  General  "to  initiate  and  maintain  appropriate 
legal  proceedings  for  relief"  upon  receipt  of  a  complaint  signed  by  a  parent  or  group 
of  parents  alleging  that  his  or  their  minor  children  "are  being  deprived  by  the  school 
board  of  the  equal  protection  of  the  laws."  The  Attorney  General  must  believe  that 
the  complaint  is  meritorious  and  certify  that  the  signers  of  the  complaint  are  unable, 
in  his  judgment,  to  initiate  and  maintain  appropriate  legal  proceedings  for  relief  and 
that  the  institution  of  an  action  will  materially  further  the  orderly  achievement  of 
desegregation  in  public  education.  .  .  ."      (sec.  407) 

^"  See  also  the  statement  of  then  Senator  Humphrey  in  debate  (110  Cong.  Rec. 
12715  (1964)  ;  discussion  in  United  States  v.  Jefferson  County  School  Board,  Civil 
No.  23345,  5th  Cir.,  Dec.  29,  1966. 

237 


beyond  the  clear  purview  of  the  Civil  Rights  Act.  .  .  ."  '"'  A  recent  amendment  to 
the  Elementary  and  Secondary  Education  Act  of  1965,  moreover,  disclaims  any  Con- 
gressional intent  to  confer,  by  that  statute,  independent  authority  upon  the  Commis- 
sioner to  require  school  authorities  to  correct  racial  imbalance.  The  amendment 
states:  "Nothing  contained  in  this  Act  shall  be  construed  to  authorize  any  depart- 
ment, agency,  officer  or  employee  of  the  United  States  ...  to  require  the  assignment 
or  transportation  of  students  or  teachers  in  order  to  overcome  racial  imbalance."  '"' 

Under  Title  I  of  the  Elementary  and  Secondary  Education  Act,  the  Commissioner 
of  Education  is  extending  financial  assistance  through  States  to  school  districts  to 
meet  the  needs  of  educationally  deprived  children  who  live  in  attendance  areas 
where  there  are  high  concentrations  of  children  from  low  income  families.  Some 
school  districts,  such  as  Berkeley,  are  using  Title  I  funds  for  projects,  such  as  re- 
duction of  pupil-teacher  ratios,  which  involve  the  transportation  of  Negro  children 
to  under-utilized  majority  white  schools  and  thus  have  the  incidental  eflfect  of  re- 
ducing racial  imbalance.  The  Department  of  Health,  Education,  and  Welfare  be- 
lieves that  racial  imbalance  contributes  to  educational  deprivation,  and  encourages 
efforts  to  develop  project  activities  which  will  tend  to  reduce  such  imbalance."*"  A 
number  of  Title  I  projects  have  included  "activities  which  attempted  to  reduce  the 
effects  of  'de  facto'  segregation  as  it  affected  the  special  educational  needs  of  the 
identified,  most  educationally  deprived  children."  ^'*^  In  addition,  certain  experi- 
mental programs  designed  to  relieve  racial  imbalance,  such  as  the  METCO  program 
in  Boston,  are  receiving  Federal  funds  under  Title  III  of  the  Elementary  and  Sec- 
ondary Education  Act.^"**^ 

Under  Title  IV  of  the  Civil  Rights  Act  of  1964,  the  Office  of  Education 
is  assisting  northern  school  systems  which  have  taken  corrective  measures  to  remedy 
imbalance  to  provide  consultation  and  in-service  training  to  teachers  to  meet  prob- 
lems in  areas  such  as  counseling  and  guidance,  remedial  instruction,  teaching 
attitudes,  and  inter-cultural  understanding.  This  is  being  done  on  the 
theory  that  the  word  "desegregation"  is  defined  in  title  IV,  not  as  a  transition  from 
a  segregated  school  system,  but  as  "the  assignment  of  students  to  public  schools  and 
within  such  schools  without  regard  to  their  race,  color,  religion,  or  national  origin" — 
a  definition  which  includes  situations  in  which  there  is  no  segregation.  The  Office 
of  Education  takes  the  position  that  while  the  "racial  imbalance"  clause  in  the 
title  IV  definition  of  "desegregation"  prohibits  giving  assistance  or  encouragement 
to  the  bussing  of  children,  the  "pairing"  of  schools,  the  revision  of  attendance  areas, 
or  other  action  to  overcome  racial  imbalance,  once  any  of  these  actions  has  been 
taken  by  local  authorities,  the  Office  of  Education  is  free  to  assist,  through  institutes 
and  grants  for  consultation  and  in-service  training,  in  meeting  resulting  racial 
problems  to  the  same  extent  as  where  such  problems  have  arisen  from  other  causes.^^ 


^^  Address  by  Harold  Howe  II,  "Education's  Most  Crucial  Issue,"  before  the 
Founders'  Day  Convocation,  Teachers  College,  Columbia  University,  New  York  City, 
May  3,  1966,  p.  6. 

';' Public  Law  89-750,  sec.  181  (1966). 

"*"  Letter  from  Commissioner  of  Education  Howe  to  Chief  State  School  Officers, 
August  9,  1966;  Statement  of  Office  of  Education  re  Impact  of  Title  I,  Elementary 
and  Secondary  Education  Act  of  1965  (P.L.  89-10)  on  De  Facto  Segregation; 
Manuscript,  Transcript  of  Hearing  before  U.S.  Commission  on  Civil  Rights,  Boston. 
Mass.,  Oct.  5,  1 966,  p.  479-48 1 . 

"*''  Statement  of  Office  of  Education,  supra,  p.  2. 

"*"  Manuscript,  Transcript  of  Hearing  before  U.S.  Commission  on  Civil  Rights, 
Boston,  Mass.,  Oct.  5,  1966,  p.  242. 

^^^  Memorandum  "Title  IV  of  the  Civil  Rights  Act"  from  Mr.  Alanson  W.  Willcox, 
General  Counsel,  DHEW,  to  the  Secretary  of  the  Department  of  Health,  Education, 
and  Welfare,  Jan.  5,  1965.  In  the  89th  Congress,  a  bill  (S.  2928,  89th  Cong.  2d  sess.) 
was  introduced  by  Senator  Edward  Kennedy  of  Massachusetts  to  amend  Title  IV  of 
the  Civil  Rights  Act  of  1964  in  order  to  authorize  the  Commissioner  of  Education 
to  provide  technical  assistance  and  grants  to  school  boards  in  support  of  programs 
designed  to  overcome  racial  imbalance  in  the  public  schools. 

238 


IV.  The  Need  for  a  Congressional  Remedy 

The  questions  before  Congress  in  taking  corrective  action  are  different  from  those 
before  the  courts.  The  courts  have  been  troubled  by  the  task  of  devising  remedies 
to  correct  adventitious  school  segregation.  It  is  conceivable,  of  course,  that  within 
the  limitations  of  the  judicial  power  to  aflFord  a  remedy  the  courts  may  go  further  in 
finding  a  constitutional  duty  than  they  have  been  willing  to  go  thus  far.  But  judicial 
action  affords  less  promise  than  congressional  action  for  effective  relief. 

Litigation  is  an  imperfect  instrument  for  securing  school  desegregation.  Experi- 
ence with  judicial  enforcement  of  Southern  school  desegregation  is  instructive.  Dis- 
satisfaction with  the  progress  which  had  been  made  through  the  courts  was  responsible 
in  part  for  the  enactment  of  title  VI  of  the  Civil  Rights  Act  of  1964,  which  author- 
izes the  Department  of  Health,  Education,  and  Welfare  to  withhold  Federal  funds 
from  school  districts  which  fail  to  comply  with  its  desegregation  standards.  A 
recent  opinion  of  the  Court  of  Appeals  for  the  Fifth  Circuit,  which  has  jurisdiction 
over  all  of  the  deep  South  States,  recites  some  of  the  reasons  why  litigation  is  an 
inadequate  means  of  accomplishing  school  desegregation,  and  why  congressional  action 
is  necessary: 

Case  by  case  development  of  the  law  is  a  poor  sort  of  medium  for  reason- 
ably prompt  and  uniform  desegregation.  There  are  natural  limits  to  effec- 
tive legal  action.  Courts  cannot  give  advisory  opinions,  and  the  disciplined 
exercise  of  the  judicial  function  properly  makes  courts  reluctant  to  move 
forward  in  an  area  of  the  law  bordering  on  the  periphery  of  the  judicial 
domain.  .  .  .  The  contempt  power  is  ill-suited  to  serve  as  the  chief  means 
of  enforcing  desegregation.  Judges  naturally  shrink  from  using  it  against 
citizens  willing  to  accept  the  thankless,  painful  responsibility  of  serving  on 
a  school  board  ....  School  desegregation  plans  are  often  woefully  in- 
adequate; they  rarely  provide  necessary  detailed  instructions  and  specific 
answers  to  administrative  problems.  And  most  judges  do  not  have  sufficient 
competence — they  are  not  educators  or  school  administrators — to  know  the 
right  questions,  much  less  the  right  answers.  .  .  .  But  one  reason  more  than 
any  other  has  held  back  desegregation  of  the  schools  on  a  large  scale. 
This  has  been  the  lack,  until  1964,  of  effective  congressional  statutory 
recognition  of  school  desegregation  as  the  law  of  the  land.'™ 

Quoting  from  the  House  Report  on  the  1964  Act,  which  pointed  out  that  progress  in 
Southern  school  desegregation  had  been  too  slow  and  that  national  legislation  was  "re- 
quired to  meet  a  national  need,"  the  court  concluded  that  Title  VI  "was  necessary  to 
rescue   school    desegregation   from   the   bog    in   which   it   had   been    trapped   for  ten 

)J  127 

years. 

Resistance  to  the  fulfillment  of  civil  rights  is  likely  to  be  much  greater  when  such 
rights  are  recognized  by  the  Federal  courts  alone  than  when  they  are  recognized  also 
by  the  national  legislature.  "More  clearly  and  effectively  than  either  of  the  other  two 
coordinate  branches  of  Government,  Congress  speaks  as  the  Voice  of  the  Nation."  '"' 
A  Supreme  Court  decision  overturning  the  conviction  of  the  sit-in  demonstrators  on 
the  ground  that  the  14th  amendment  required  the  owners  of  places  of  public  accom- 
modation to  serve  Negroes  without  discrimination  could  not  have  commanded  the 
same  amount  of  public  support  as  the  public  accommodations  title  of  the  Civil  Rights 
Act  of  1964.'^  The  Voting  Rights  Act  of  1965  produced  far  greater  voluntary  com- 
pliance throughout  the  South  than  the  many  Federal  court  decisions  enjoining  voting 
discrimination  against  Negroes  which  preceded  it."° 

Congressional  action  also  would  have  the  virtues  of  establishing  a  uniform  standard, 
minimizing  delay  and  relieving  overburdened  Federal  courts  of  what,  as  the  judicial 
history  of  Southern   school   desegregation  discloses,   is   a  burdensome  responsibility. 


'™  United  States  v.  Jefferson  County  Board  of  Education,  Civil  No.  23345,  5th  Cir., 
Dec.  29,  1966,  pp.  10-11. 

'"-'  Id.ai  11. 

'='  Id.  at  5. 

'^42  U.S.C.  2000a  (1964).  See  Cox,  "Constitutional  Adjudication  and  the  Pro- 
motion of  Human  Rights,"  80  Harv.  L.  Rev.  91  (1966) . 

'^  U.S.  Commission  on  Civil  Rights,  The  Voting  Rights  Act  .  .  .  the  First  Months 
2,8,9  (1965). 

239 


The  Court  of  Appeals  for  the  Fifth  Circuit  recently  recounted  its  experience  in  the 
last  10  years  in  reviewing  school  desegregation  cases: 

The  first  school  case  to  reach  this  court  after  Brown  v.  Board  of  Educa- 
tion was  Brown  v.  Rippey.  .  .  .  Since  then  we  have  reviewed  41  other 
school  cases,  many  more  than  once.  The  district  courts  in  this  circuit  have 
considered  128  school  cases  in  the  same  period.  Reviewing  these  cases 
imposes  a  taxing,  time-consuming  burden  on  the  courts  not  reflected  in  sta- 
tistics. An  analysis  of  the  cases  shows  a  wide  lack  of  uniformity  in  areas 
where  there  is  no  good  reason  for  variations  in  the  schedule  and  manner  of 
desegregation.  .  .  .  The  lack  of  clear  and  uniform  standards  to  govern 
school  boards  has  tended  to  put  a  premium  on  delaying  actions."^ 

Equally  important,  since  the  appropriate  remedy  may  require  substantial  amounts 
of  financial  assistance — particularly  where  school  construction  is  involved — Congress, 
with  its  power  to  appropriate  money,  is  far  better  equipped  than  the  courts  to  provide 
effective  relief.  Although  the  judiciary  may  have  power  to  compel  State  or  local 
officials  to  levy  taxes  in  order  to  comply  with  the  Constitution,"'  the  courts  could  not 
provide  the  financial  assistance  needed  to  avoid  the  otherwise  severe  economic  strains 
which  such  levies  would  impose  upon  local  tax  resources. 

As  the  following  discussion  shows,  Congress  is  empowered  by  the  Constitution  to 
provide  a  remedy. 

V.  The  Power  of  Congress  To  Enact  Legislation  Eliminating 
Racial  Isolation  in  the  Schools 

A.  The  Preventive  Powers  of  Congress 
Under  the   14th  Amendment 

The  equal  protection  clause  of  the  14th  amendment  provides  that  "no  State 
shall  .  .  .  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the 
laws."  While  the  courts  are  available  to  vindicate  14th  amendment  rights,  they 
do  not  exercise  exclusive  guardianship.  Congress,  given  express  authority  under 
section  5  of  the  amendment  "to  enforce,  by  appropriate  legislation,  the  provisions 
of  .  .  .  [the  amendment],"  shares  that  responsibility.  Because,  as  will  be  shown, 
correction  of  racial  isolation  in  the  schools — -adventitious  or  otherwise — is  necessary 
to  secure  equal  protection  rights,  congressional  legislation  to  provide  a  remedy  would 
be  "appropriate  legislation"  under  section  5. 

In  the  October  Term,  1965,  the  Supreme  Court  stressed  the  power  and  respon- 
sibility of  Congress  to  enforce  constitutional  rights  under  the  14th  and  15th  amend- 
ments. As  the  former  Solicitor  General  of  the  United  States,  Archibald  Cox,  pointed 
out  in  a  recent  issue  of  the  Harvard  Law  Review,  "the  decisions  call  attention  to  a 
vast  untapped  reservoir  of  federal  legislative  power  to  define  and  promote  the  con- 
stitutional rights  of  individuals  in  relation  to  state  goverrmient."  ^'^  The  decisions 
make  it  clear  that  section  5  of  the  14th  amendment  is  an  affirmative  grant  which 
authorizes  Congress  to  determine  what  legislation  is  needed  to  further  the  aims  of 
the  amendment. 

In  the  first  case,  South  Carolina  v.  Katzenhach^^  the  constitutionality  of  the  Voting 
Rights  Act  of  1965  was  in  issue.  This  Act  suspended  the  use  of  literacy  tests  and 
other  devices  applied  in  certain  Southern  States  so  as  to  discriminate  against  Negro 
voter  registration  applicants,  in  any  State  or  county  as  to  which  the  Attorney  General 
determined  that  a  test  or  device  had  been  in  force  and  the  Director  of  the  Census 
certified  that  less  than  50  percent  of  the  adult  population  had  voted  in  the  1964 
presidential  election.  The  theory  was  that  these  "triggers"  marked  the  areas  in 
which  there  was  reason  to  think  that  the  tests  might  be  employed  in  a  racially 
discriminatory  way;  Congress  therefore  had  power,  according  to  the  theory,  to  pass 

"^  United  States  v.  Jefferson  County  Board  of  Education,  Civil  No.  23345,  5th  Cir., 
Dec.  29,  1966,  p.  17. 

^^  See  Griffin  v.  Prince  Edward  County  School  Board,  377  U.S.  218  ( 1964) . 

^^  Cox,  "Constitutional  Adjudication  and  the  Promotion  of  Human  Rights,"  80 
Harv   L.  Rev.  91,99  (1966). 

'^383  U.S.  301  (1966). 

240 


p 


the  statute  under  section  2  of  the  15th  amendment,  which  provides  that  "the  Con- 
gress shall  have  power  to  enforce  this  article  by  appropriate  legislation."  South 
Carolina  argued  that  this  power  is  limited  to  the  prevention  or  redress  of  illegal 
conduct.  But  the  Court  disagreed,  stating  that  "Congress  may  use  any  rational 
means  to  effectuate  the  constitutional  prohibition  of  racial  discrimination  in  voting," 
and  therefore  was  not  confined  to  deaHng  with  voting  discrimination  itself  but  could 
regulate  or  prohibit  any  conduct  which  created  a  danger  of  discrimination.'^ 

A  similar  holding  was  made  with  respect  to  the  enforcement  clause  of  the  14th 
amendment  in  Katzenbach  v.  Morgan."^  The  issue  was  the  constitutionality  of  a 
section  of  the  Voting  Rights  Act  which  has  the  effect  of  providing  that  no  person  who 
successfully  has  completed  the  sixth  grade  in  a  Puerto  Rican  School  where  instruction 
is  in  Spanish  shall  be  denied  the  right  to  vote  because  of  inability  to  read  or  write 
Erxglish."^  Its  main  effect  is  to  give  the  ballot  to  Spanish-speaking  citizens  who  have 
moved  from  Puerto  Rico  to  New  York  but  would  be  barred  from  voting  by  New 
York's  English  literacy  test."^ 

The  Attorney  General  of  the  State  of  New  York  contended  that  section  4(e)  could 
not  be  sustained   as  appropriate  legislation   to  enforce   the  equal  protection  clause 
unless  the  judiciary  decided  that  the  application  of  the  English  literacy  requirement 
prohibited  by  section  4(e)   was  forbidden  by  the  equal  protection  clause  itself."* 
The  Court  rejected  this  argument,  stating : 

Neither  the  language  nor  history  of  sec.  5  supports  such  a  construction. 
As  was  said  with  regard  to  sec.  5  in  Ex  Parte  Virginia,  100  U.S.  339,  "It  is 
the  power  of  Congress  which  has  been  enlarged.  Congress  is  authorized  to 
enforce  the  prohibitions  by  appropriate  legislation.  Some  legislation  is  con- 
templated to  make  the  amendments  fully  effective."  A  construction  of  sec.  5 
that  would  require  a  judicial  determination  that  the  enforcement  of  the  State 
law  precluded  by  Congress  violated  the  Amendment,  as  a  condition  of 
sustaining  the  congressional  enactment,  would  depreciate  both  congres- 
sional resourcefulness  and  responsibility  for  implementing  the  Amendment. 
It  would  confine  the  legislative  power  in  this  context  to  the  insignificant  role 
of  abrogating  only  those  state  laws  that  the  judicial  branch  was  prepared  to 
adjudge  unconstitutional,  or  of  merely  informing  the  judgment  of  the 
judiciary  by  particularizing  the  "majestic  generalities"  of  sec.  1  of  the 
Amendment."" 

The  Court  held  that  section  4(e)  was  appropriate  legislation  under  section  5  of 
the    14th  Amendment,  concluding  that  section  5  conferred  upon  Congress: 

the  same  broad  powers  expressed  in  the  Necessary  and  Proper  Clause,  Art. 
I,  sec.  3,  cl.  18,  as  constructed  by  Chief  Justice  Marshall  for  the  Court  in  the 
classic  case  of  M'Culloch  v.  Maryland,  4  Wheat  316,  421,  4  L  ed  579,  605: 
"Let  the  end  be  legitimate,  let  it  be  within  the  scope  of  the  constitution,  and 
all  means  which  are  appropriate,  which  are  plainly  adapted  to  that  end, 
which  are  not  prohibited,  but  consist  with  the  letter  and  spirit  of  the  con- 
stitution, are  constitutional."  "' 

"Correctly  viewed",  said  the  Court,  "section  5  is  a  positive  grant  of  legislative  power 
authorizing  Congress  to  exercise  its  discretion  in  determining  whether  and  what 
legislation  is  needed  to  secure  the  guarantees  of  the  Fourteenth  amendment."  ^^ 

Similarly,  in  United  States  v.  Guest,^"  six  Justices  of  the  Supreme  Court  indicated 
that  Congress  has   the  power,   under  section  5   of   the    14th   amendment,  to  reach 


'=^  383  U.S.  at  324. 

""384  U.S.  641  (1966). 

"'Sec.4(e),42U.S.C.  1973(e)  (Supp.  I,  1965). 

""  384  U.S.  at  644,  645. 

""  Id.  at  648. 

""  Id.  at  648,  649. 

"^Id.  at  650.  See  also,  Ex  parte  Virginia,  100  U.S.  391  (1880);  Strauder  v. 
West  Virginia,  100  U.S.  303,  311  (1880);  Virginia  v.  Rives,  100  U.S.  313,  318 
(1880);  South  Carolina  v.  Katzenbach,  383  U.S.  301,  326  (1966)  (15th  amend- 
ment); James  Everard's  Breweries  v.  Day,  265  U.S.  545,  558-559  (1924)  (18th 
amendment). 

'*^  384  U.S.  at  651. 

"'383  U.S.  745  (1966). 

241 


actions  of  individuals  designed  to  interfere  with  the  attainment  of  14th  amendment 
rights,  even  though  such  individual  action  would  not  of  its  own  force  violate  the 
amendment.  Justice  Brennan,  speaking  for  himself  and  two  other  justices,  charac- 
terized section  5  as  "a  positive  grant  of  legislative  power,  authorizing  Congress  to 
exercise  its  discretion  in  fashioning  remedies  to  achieve  civil  and  political  equality 
for  all  citizens."  "*     See  also  the  opinion  of  Mr.  Justice  Black  in  Bell  v.  Maryland}*^ 

Thus,  one  branch  of  the  Court's  opinion  in  the  Morgan  case  sustained  congres- 
sional nullification  of  New  York's  English  literacy  requirement  on  the  ground  that 
Congress  might  have  viewed  its  own  measure  as  adapted  to  furthering  the  aim  of  the 
equal  protection  clause  to  secure  nondiscriminatory  treatment  by  the  Government.  The 
Court  pointed  out  that  even  if  the  literacy  requirement  did  not  itself  deny  equal  pro- 
tection, the  practical  effect  of  nullifying  the  requirement  was  to  enfranchise  large  seg- 
ments of  New  York's  Puerto  Rican  community.  "This  enhanced  political  power,"  said 
the  Court,  "will  be  helpful  in  gaining  nondiscriminatory  treatment  in  public  services 
for  the  entire  Puerto  Rican  community.  Section  4(e)  thereby  enables  the  Puerto 
Rican  minority  better  to  obtain  'perfect  equality  of  civil  rights  and  equal  protection 
of  the  laws.'  "  "« 

Like  the  Puerto  Rican  who  was  disfranchised  in  New  York,  the  Negro  student  who 
attends  a  racially  isolated  school  is  not  likely  to  achieve  "perfect  equality  of  civil  rights 
and  equal  protection  of  the  laws,"  whether  or  not  the  racial  isolation  itself  is  a  denial  of 
equal  protection.  Corrective  congressional  action  readily  may  be  viewed  as  adapted 
to  securing  equal  educational  opportunity  by  eliminating  the  conditions  which  render 
the  education  received  by  most  Negroes  inferior  to  that  afforded  most  white  chil- 
dren. Such  conditions  involve,  in  part,  the  harmful  effects  upon  attitudes  and 
achievement  which  racial  and  social  class  isolation  appear  to  have  on  Negro  students. 

But  corrective  congressional  action  also  may  be  seen  as  a  measure  to  enable  Negroes, 
whose  children  now  attend  schools  which,  on  the  average,  are  more  overcrowded 
and  have  less  qualified  teachers,  more  pupils  per  teacher,  fewer  library  volumes  per 
student,  fewer  science  laboratories,  and  fewer  advanced  courses  in  science  and 
language,  to  receive  nondiscriminatory  treatment  in  the  provision  of  educational 
facilities.  While  the  equal  protection  clause  of  its  own  force  may  require  only  that 
such  disparities  be  eliminated.  Congress,  under  the  principles  established  in  such 
recent  decisions  as  South  Carolina  v.  Katzenbach  and  Katzenbach  v.  Morgan,  would 
be  well  within  its  discretion  in  concluding  that  such  inequalities  would  be  more  firmly 
and  fully  uprooted  by  eliminating  the  underlying  conditions,  arising  from  the  di- 
chotomy between  predominantly  white  middle-class  schools — attended  by  children 
with  well-educated  parents  who  exercise  strong  influence  on  school  boards — and 
predominantly  Negro  slum  schools — attended  by  children  with  poorly  educated  parents 
burdened  by  problems  of  material  existence  and  less  influential  in  school  board  policy 
which  produce  the  disparities. 

B.  The  Power  of  Congress  To  Decide  That  Adventitious 
Segregation  Violates  the  14th  Amendment 

Congress  can  and  should  conclude,  moreover,  that  the  equal  protection  clause  of 
its  own  force  invalidates  adventitious  school  segregation. 

To  be  sure,  the  majority  of  the  courts  which  have  dealt  with  this  question  have 
ruled  otherwise.^"  But  Congress  may  determine  for  itself  what  constitutes  a  vio- 
lation of  the  14th  amendment;  it  need  not  accept  the  judgment  of  any  particular 
court,  nor  the  views  of  the  majority  of  the  courts  which  have  ruled  on  the 
issue.  Just  as  Congress  may  lead  the  courts  under  the  commerce  clause  in  for- 
bidding certain  kinds  of  State  regulation,  even  though  the  courts  have  not  done  so 
of  their  own  accord,  so  Congress,  in  exercising  its  discretionary  powers  under  section  5 
of  the  14th  amendment,  may  determine  that  certain  conduct  involves  a  denial  of 
equal  protection  of  the  laws,  whether  or  not  the  courts  have  so  concluded."^ 

"^  Id.  at  784. 

^*=378U.S.  226,  318-346  (1964). 
"'  384  U.S.  at  652,  653. 
"'  See  discussion,  supra,  at  214-218. 

^^  Indeed,  Congress  is  the  only  body  which  the  Constitution  expressly  authorizes 
to  enforce  the  amendment. 

242 


I 

(1)  The  Congressional  Power  To  Define  the  Scope  of  the  Equal  Protection  Clause 

a.  In  the  years  immediately  following  the  post-Civil  War  amendments,  Congresses, 
which  included  many  of  the  men  who  drafted  and  voted  for  the  amendments,  so 
construed  their  mandate.  Although  much  of  the  civil  rights  legislation  they  enacted 
was  procedural  or  remedial,  it  included  provisions  giving  substance  to  the  amend- 
ments. The  13th  amendment — which  contains  an  enforcement  clause  identical  to 
the  Fourteenth's — was  implemented  by  the  Civil  Rights  Act  of  1866,"*  which  pur- 
ported to  confer  specific  rights  on  the  former  slaves  as  an  incident  to  their  emancipa- 
tion.^^" The  following  year,  in  the  Peonage  Abolition  Act,"*  Congress  defined 
"involuntary  servitude"  to  include  Mexican  "peonage".""  Congress  attempted  to 
give  content  to  the  15th  amendment,  which  contains  a  comparable  enforcement 
clause,  in  the  Enforcement  Act  of  1870,"''  portions  of  which  were  struck  down.^" 
One  provision  of  that  statute  which  still  survives  defines  the  scope  of  the  constitutional 
exemption  from  racial  discrimination  in  voting  to  include  "any  election  by  the  people 
in  any  State,  Territory,  district,  county,  city,  parish,  township,  school  district,  munici- 
pality or  other  territorial  subdivision."  '^ 

Definitional  content  also  was  given  to  the  14th  amendment  by  post-Civil  War 
Congresses.  The  Enforcement  Act  of  1870 — enacted  under  the  "appropriate  legis- 
lation" clause  of  the  14th  amendment — construed  the  general  provisions  of  the 
"equal  protection,"  "due  process,"  and  "privileges  and  immunities"  clauses  of  the 
14th  amendment  to  cover  the  rights  "to  make  and  enforce  contracts,  to  sue,  be 
parties,  and  give  evidence,  to  inherit,  purchase,  lease,  sell,  hold,  and  convey  real 
and  personal  property,  and  to  the  full  and  equal  benefit  of  all  laws  and  proceedings 
for  the  security  of  persons  and  property  .  .  .  }^  Although  some  congressional  efforts 
to  extend  equal  protection  were  ruled  excessive,"'  others  have  survived,  such  as 
section  3  of  the  Act  of  1871,  which  legislatively  determined  that  a  State's  inability  to 
protect  the  constitutional  rights  of  "any  portion  or  class"  of  its  inhabitants  in  time  of 
domestic  violence  "shall  be  deemed  a  denial  by  such  State  of  the  equal  protection  of 
the  laws".^^ 

In  1875,  Congress  gave  further  content  to  the  equal  protection  clause  by  pro- 
hibiting racial  discrimination  in  the  selection  of  juries — again  reducing  "the  majestic 
generalities  of  the  14th  amendment  ...  to  a  concrete  statutory  command.""*  De- 
cisions of  the  Supreme  Court  sustaining  this  legislation  accord  great  respect  to  the 
congressional  determination  that  racial  discrimination  in  jury  selection  offends  the 
equal  protection  clause  "" — a  conclusion  not  compelled  by  the  historical  evidence  of 


"*  14  Stat.  27  (1866). 

""  Civil  Rights  Cases,  109  U.S.  3,  33  { 1883)  (dissenting  opinion). 

"'  14  Stat.  546  (1867),  18U.S.C.  §444  (1952). 

"-See  Clyatt  v.  United  States,  197  U.S.  207  (1905)  ;  Pollock  v.  Williams,  322  U.S. 
4(1944). 

*^  16  Stat.  140  (1870). 

"'  United  States  v.  Reese,  92  U.S.  214  (1876)  ;  James  v.  Bowman,  190  U.S.  127 
(1903). 

^■'^  See  42  U.S. C.  S  1971  (a)  (1952). 

*^  14  Stat.  27  (1870).  See  42  U.S.C.  §§  1981,  1982  (1952).  Buchanan  v.  War- 
ley,  2i5  U.S.  60  (1917)  ;  Shelley  v.  Kraemer,  33^  U.S.  1  (1948). 

"'  See  sec.  2  of  the  Ku  Klux  Klan  Act  of  April  20,  1871  (17  Stat.  13),  invalidated 
in  United  States  v.  Harris,  106  U.S.  629  (1883),  and  Baldwin  v.  Franks,  120  U.S.  678 
(1887)  ;  and  sees.  1  and  2  of  the  Civil  Rights  Act  of  1875  (18  Stat.  335,  336),  de- 
clared unconstitutional  in  the  Civil  Rights  Cases,  109  U.S.  3  (1883).  The  rationale 
of  these  cases — that  sec.  5  of  the  14th  amendment  authorizes  Congress  only  to  correct 
violations  of  the  Amendment  by  States,  and  does  not  empower  Congress  under  any 
circumstances  to  reach  actions  of  individuals,  has  been  discredited  by  the  opinions  of 
the  six  justices  in  Gueif,  383  U.S.  745  (1966). 

^^  17Stat.  13,  14  (1871),  lOU.S.C.  333  (1952). 

"*  18  Stat.  336  (1875) ;  18  U.S.C.  243  (1952) ;  Fay  v.  New  York,  332  U.S.  261, 
282   (1947). 

'""Strauder  v.  West  Virginia,  100  U.S.  303  (1880);  Ex  parte  Virginia,  100  U.S. 
339   (1880). 

243 


the  intent  of  the  framers.^"     The  Court's  deference  to  the  congressional  judgment  is 
reflected  in  the  following  passage  from  the  opinion  of  the  Court  in  Ex  parte  Virginia: 

All  of  the  amendments  derive  much  of  their  force  from  [the  enforcement 
sections].  It  is  not  said  the  judicial  power  of  the  general  government  shall 
extend  to  enforcing  the  prohibitions  and  to  protecting  the  rights  and  im- 
munities guaranteed.  It  is  not  said  that  branch  of  the  government  shall  be 
authorized  to  declare  void  any  action  of  a  State  in  violation  of  the  prohibi- 
tions. It  is  the  power  of  Congress  which  has  been  enlarged.  Congress  is 
authorized  to  enforce  the  prohibitions  by  appropriate  legislation.  Some 
legislation  is  contemplated  to  make  the  amendments  fully  effective.  What- 
ever legislation  is  appropriate,  that  is,  adapted  to  carry  out  the  objects  the 
amendments  have  in  view,  whatever  tends  to  enforce  submission  to  the  pro- 
hibitions they  contain,  and  to  secure  to  all  persons  the  enjoyment  of  perfect 
equality  of  civil  rights  and  the  equal  protection  of  the  laws  against  State 
denial  or  invasion  if  not  prohibited,  is  brought  within  the  domain  of  con- 
gressional power.^*" 

b.  In  Katzenbach  v.  Morgan,  the  Supreme  Court  specifically  ruled  that  Congress 
may  determine  for  itself  that  particular  State  action  involves  a  violation  of  the  14th 
amendment,  and  upheld  a  congressional  act  which  invalidated  a  State  law  on  that 
ground  even  though  a  decision  of  a  Federal  court  had  upheld  the  constitutionality  of 
the  very  State  law  in  issue.  In  the  Morgan  case  the  Supreme  Court  sustained  section 
4(e)  of  the  Voting  Rights  Act  on  the  alternative  theory  that  Congress  reasonably 
could  have  concluded  that  the  New  York  requirement  was  an  invidiously  dis- 
criminatory voter  qualification  repugnant  to  the  equal  protection  clause.  Thus,  the 
Court  said  that  "the  result  is  no  different  if  we  confine  our  inquiry  to  the  ques- 
tion whether  section  4(e)  was  merely  legislation  aimed  at  the  elimination  of  an 
individious  discrimination  in  establishing  voter  qualifications."  ^^  Continuing,  the 
Court  declared : 

We  are  told  that  New  York's  English  literacy  requirement  originated  in  the 
desire  to  provide  an  incentive  for  non-English-speaking  immigrants  to  learn 
the  English  language  and  in  order  to  assure  the  intelligent  exercise  of  the 
franchise.  Yet  Congress  might  well  have  questioned,  in  light  of  the  many 
exemptions  provided,  and  some  evidence  suggesting  that  prejudice  played 
a  prominent  role  in  the  enactment  of  the  requirement,  whether  these  were 
actually  the  interests  being  served.  Congress  might  have  also  questioned 
whether  denial  of  a  right  deemed  so  precious  and  fundamental  in  our  society 
was  a  necessary  or  appropriate  means  of  encouraging  persons  to  learn  English, 
or  of  furthering  the  goal  of  an  intelligent  exercise  of  the  franchise.  Finally, 
Congress  might  well  have  concluded  that  as  a  means  of  furthering  the 
intelligent  exercise  of  the  franchise,  an  ability  to  read  or  understand  Spanish 
is  as  effective  as  ability  to  read  English  for  those  to  whom  Spansh-language 
newspapers  and  Spanish-language  radio  and  television  programs  are  avail- 
able to  inform  them  of  election  issues  and  governmental  affairs."* 

"[I]t  is  enough",  said  the  Court,  "that  we  perceive  a  basis  upon  which  Congress 
might  predicate  a  judgment  that  the  application  of  New  York's  English  literacy 
requirement  to  deny  the  right  to  vote  to  a  person  with  a  sixth  grade  education  in 
Puerto  Rican  schools  in  which  the  language  of  instruction  was  other  than  English 
constituted  an  invidious  discrimination  in  violation  of  the  equal  protection  clause."  ^^ 

By  parity  of  reasoning,  the  Supreme  Court  would  not  disturb  a  congressional  judg- 
ment that,  to  secure  the  guarantees  of  the  14th  amendment  to  Negro  children,  it  is 
necessary  to  correct  segregation — adventitious  or  otherwise — in  the  schools  and  to 
override  State  laws  or  policies  which  stand  as  obstacles  to  the  accomplishment  of  that 
objective.  The  Court  would  overturn  such  a  congressional  determination  only  if  it 
failed  to  "perceive  a  basis  upon  which  Congress  might  predicate  a  judgment  .  .  ."  "® 
that  such  segregation  contravened  the  equal  protection  clause.     As  the  Morgan  case 

'"  See  Frank  and  Munro,  "The  Original  Understanding  of  'Equal  Protection  of  the 
Laws,'"  50  Colum.  L.  Rev.  131,  145  (1950);  Bickel,  "The  Original  Understanding 
and  the  Segregation  Decision,"  69  Harv.  L.  Rev.  1,  56,  64-65   (1955). 

"MOO  U.S.  at  345,  346. 

'•"  384  U.S.  at  653,  654. 

^"/rf.  at  654,  655. 

"^Id.  at  656. 

^""Ibid. 

244 


demonstrates,  the  validity  of  a  congressional  judgment  that  adventitious  segrega- 
tion in  the  public  schools  violates  the  equal  protection  clause  does  not  depend 
upon  whether  the  Supreme  Court  has  invalidated  or  would  invalidate  such  segre- 
gation. Nor  does  it  depend  upon  the  holdings  of  particular  lower  Federal  or 
State  courts  which  have  passed  upon  the  question.  In  Morgan,  a  decision  of  a  New 
York  Federal  court  had  held  valid  the  very  New  York  English  literacy  requirement 
which  was  nullified  by  section  4  ( e )  .^"^ 

If  anything,  the  power  of  Congress  to  adopt  corrective  measures  is  stronger  than 
it  was  in  Morgan.  The  virtues  of  the  neighborhood  school  policy  are  far  more 
debatable  than  the  clear  interest  of  New  York  State  in  maintaining  an  electorate 
literate  in  the  English  language.  In  Morgan,  there  was  virtually  no  legislative 
record  to  support  the  congressional  determination  that  section  4(e)  was  necessary 
to  secure  14th  amendment  rights.  The  facts  in  the  present  report  and  in  the  survey 
of  the  Office  of  Education,  on  the  other  hand,  afford  ample  basis  for  concluding  that 
adventitious  school  segregation  has  damaging  effects  on  Negro  children.  The  legal 
basis  for  a  congressional  determination  that  such  segregation  violates  the  equal  pro- 
tection clause,  moreover,  is  much  clearer  than  the  legal  basis  for  the  hypothesized 
congressional  determination  that  New  York's  English  literacy  test  infringed  the  equal 
protection  ban — a  determination  which  would  have  required  Congress  to  disregard 
or  distinguish  a  Supreme  Court  decision  upholding  the  constitutionality  of  a  North 
Carolina  English  literacy  test.'"" 

(2)  The  Question  of  State  Action 

The  14th  amendment  of  its  own  force  protects  the  individual  only  against  action 
by  the  State;  "individual  invasion  of  individual  rights  is  not  the  subject  matter 
of  the  amendment."  ^*°  But  it  is  plainly  the  agents  of  the  State  and  of  its  political  sub- 
divisions who  select  school  sites,  define  attendance  areas,  and  assign  Negro  children 
to  schools  in  which  they  are  racially  isolated.""  As  reflected  in  chapter  2  of  this  report, 
moreover,  school  boards  make  many  discretionary  decisions  which  affect  the  degree 
of  racial  isolation  in  the  schools. 

The  responsibility  is  not  the  State's  alone.  Private  discrimination  (along  with 
governmental  action''^)  is  instrumental  in  confining  the  Negro  to  the  ghetto.  Were 
it  not  for  such  confinement  the  neighborhood  school  policy  might  not  result  in  racial 
segregation.  But  ".  .  .  the  involvement  of  the  State  need  [not]  be  exclusive.  .  .  . 
In  a  variety  of  situations  the  Court  has  found  State  action  of  a  nature  sufficient  to 
create  rights  under  the  equal  protection  clause  even  though  the  State  action  was  only 
one  of  several  cooperative  forces  leading  to  the  constitutional  violation."  "" 

(3)  The  Rationale  of  Brown  v.  Board  of  Education 

In  Brown  v.  Board  of  Education,'^''  the  Supreme  Court  ruled  that  State  statutes 
compelling  or  expressly  permitting  the  assignment  of  students  on  the  basis  of  race 
are  unconstitutional.  The  rationale  of  the  Brown  opinion,  however,  was  not  that 
the  States  involved  had  classified  invidiously  by  imposing  racial  separation  in  the 
schools.  On  the  contrary,  the  entire  thrust  of  the  opinion  is  that  such  segregation 
produces  schools  which  are  unequal,  and  that  under  the  equal  protection  clause  of 

""  Camacho  v.  Rogers,  199  F.  Supp.  155  (S.D.N.Y.  1961 ). 

'^Lassiter  v.  Northampton  Election  Board,  360  U.S.  45   (1959). 

'""The  Civil  Rights  Cases,  109  U.S.  3,  11   (1883). 

""  Indeed,  in  all  but  two  States,  attendance  of  a  child  at  the  assigned  school  is  not 
even  a  voluntary  matter.  Every  State  save  Mississippi  and  South  Carolina  has  a 
compulsory  school  attendance  law.  While  theoretically  such  a  law  may  be  satisfied 
by  admission  to  an  accredited  private  school,  to  the  vast  majority  of  Negro  children- 
unable  to  afford  the  tuition  at  a  private  school — the  compulsory  attendance  law  is 
tantamount  to  a  law  compelling  attendance  at  the  public  schools  to  which  they  are 
assigned.  See  Wright,  "Public  School  Desegregation:  Legal  Remedies  for  De  Facto 
Segregation,"  16  W.  Res.  L.  Rev.  478,  488  ( 1965) . 

'"  See  infra,  at  235-237. 

"-United  States  v.  Guest,  383  U.S.  745,  755-56  (1966).  See  also  Shelley  v. 
Kraemer,  334  U.S.  1  (1948)  ;  Burton  v.  Wilmington  Parking  Authority,  365  U.S.  715 
(1960)  ;  Lombard  v.  Louisiana,  373  U.S.  267  (1962)  ;  Griffin  v.  Maryland,  378  U.S. 
130  (1963). 

"=>  347  U.S.  483  (1954). 

245 

243-637   O  -  67  -  17 


the  14th  amendment,  public  education,  ".  .  .  where  the  State  has  undertaken  to 
provide  it,  is  a  right  which  must  be  made  available  to  all  on  equal  terms."  "* 

The  constitutional  duty  of  a  State  to  provide  equal  educational  opportunity  did 
not  originate  with  the  Brown  decision.  It  was  the  basis  of  the  many  decisions  ren- 
dered by  the  Supreme  Court  and  by  lower  Federal  courts  in  the  three  generations 
following  Plessy  v.  Ferguson^^^  holding  violative  of  the  equal  protection  clause 
inequalities  between  Negro  and  white  schools  in  buildings  and  other  physical  facili- 
ties, course  offerings,  length  of  school  terms,  transportation  facilities,  extracurricular 
activities,  cafeteria  facilities,  and  geographical  conveniences.^'"  In  Missouri  ex  rel. 
Gaines  v.  Canada^''''  and  in  Sipuel  v.  Board  of  Regents^^^  the  Supreme  Court  invali- 
dated school  segregation  where  it  was  shown  that  the  quality  of  the  facilities 
provided  for  Negroes  was  unequal  to  the  quality  of  the  facilities  afforded  whites. 
The  decisions  were  concerned  with  tangible  inequalities. 

But  in  1950 — four  years  before  Brown — the  Court  made  it  clear  that  in  determining 
whether  equal  educational  opportunities  have  been  afforded,  the  totality  of  the 
educational  experience  must  be  considered,  and  that  this  experience  encompasses 
more  than  the  brick  and  mortar  of  the  educational  institution  attended  and  other 
tangible  factors.  In  Sweatt  v.  Painter^'"'  the  Court  ruled  that  Texas  could  not 
provide  Negro  law  students  with  equal  educational  opportunity  if  they  were  con- 
fined to  a  segregated  law  school.  Although  it  noted  that  the  physical  facilities  at 
the  University  of  Texas  Law  School  were  superior  to  those  at  the  Negro  law  school, 
the  Court  stressed  that  "what  is  more  important"  is  the  fact  that  the  University  of 
Texas  Law  School  "possesses  to  a  far  greater  degree  those  qualities  which  are  inca- 
pable of  objective  measurement  but  which  make  for  greatness  in  a  law  school."  "" 
Among  the  vital  immeasurable  ingredients  which  the  Court  considered  in  comparing 
the  white  school  with  the  separate  Negro  institution  were  the  comparative  "stand- 
ing in  the  community"  of  the  two  institutions  and  the  exclusion  from  the  Negro 
institution  of  members  of  racial  groups  which  included  most  of  the  lawyers,  judges, 
witnesses,  jurors,  and  other  public  officials  with  whom  the  Negro  law  student  would 
have  to  deal  when  he  got  out  of  law  school.'*^ 

"*/^.  at  493.     See,  e.g.,  Sweatt  v.  Painter,  339  U.S.  629   (1950);  McLaurin  v. 
Oklahoma  State  Regents  for  Higher  Education,  339  U.S.  637  (1950) . 
"M63  U.S.  537  (1896). 

'"'See,  e.g.,  Sipuel  v.  Board  of  Regents,  332  U.S.  631    (1948);  Missouri  ex  rel. 
Gaines  v.  Canada,  305  U.S.  337  (1938)  ;  Gong  Lum  v.  Rice,  275  U.S.  78  (1927) ; 
Carter  v.  School  Board,   182  F.  2d  531    (4th  Cir.   1950);  Davis  v.  County  School 
Board,  103  F.  Supp.  337  (E.D.  Va.  1952),  rev'd  sub  nom.  Brown  v.  Board  of  Edu- 
cation  of   Topeka,   347    U.S.   483    (1954);   Butler  v.    Wilemon,  86   F.    Supp.    397 
(N.D.  Tex.   1949);  Pitts  v.  Board  of  Trustees,  84  F.  Supp.  975  (E.D.  Ark.  1949); 
Freeman  v.  County  School  Board,  82  F.  Supp.  167  (E.D.  Va.  1948),  aff'd,  171  F.  2d 
702,    (4th    Cir.    1948).     See    also    Leflar    and    Davis,    "Segregation   in    the    Public 
Schools— 1953,"  67  Harv.  L.  Rev.  377,  430-35  (1954);  Howoritz,  "Unseparate  but 
Unequal — The  Emerging  Fourteenth  Amendment  Issue  in  Public  School  Education," 
13  UCLA  L.  Rev.  1147,  1149  (1966). 
^"305  U.S.  337  (1938). 
"«332  U.S.  631  (1948). 
'™339  U.S.  629  (1950). 
""  Id.  at  634. 
^"  The  Court  said: 

Moreover,  although  the  law  is  a  highly  learned  profession,  we  are  well 
aware  that  it  is  an  intensely  practical  one.  The  law  school,  the  proving 
ground  for  legal  learning  and  practice,  cannot  be  effective  in  isolation  from 
the  individuals  and  institutions  with  which  the  law  interacts.  Few  students 
and  no  one  who  has  practiced  law  would  choose  to  study  in  an  academic 
vacuum,  removed  from  the  interplay  of  ideas  and  the  exchange  of  views  with 
which  the  law  is  concerned.  The  law  school  to  which  Texas  is  willing  to 
admit  petitioner  excludes  from  its  student  body  members  of  the  racial  groups 
which  number  85  percent  of  the  population  of  the  State  and  include  most  of 
the  lawyers,  witnesses,  jurors,  judges,  and  other  officials  with  whom  petitioner 
will  inevitably  be  dealing  when  he  becomes  a  member  of  the  Texas  bar.  With 
such  a  substantial  and  significant  segment  of  society  excluded,  we  cannot 
conclude  that  the  education  offered  petitioner  is  substantially  equal  to  that 
which  he  would  receive  if  admitted  to  the  University  of  Texas  Law  School. 
Ibid. 

246 


Similarly,  in  McLaurin  v.  Oklahoma  State  Regents  for  Higher  Education^^-  the 
Court  required  that  a  Negro  admitted  to  a  white  graduate  school  be  treated  like 
all  other  students  not  segregated  within  the  school.  Again  the  Court  relied  upon 
"intangible  considerations,"  including  "his  ability  ...  to  engage  in  discussions  and 
exchange  views  with  other  students.  ..."  "^  The  right  of  the  Negro  student  to 
associate  freely  with  his  white  peers  was  deemed  indispensable  to  equal  educational 
opportunity. 

The  Court  in  Brown  ruled  that  school  segregation,  which  it  had  invalidated  in 
Sweatt  and  McLaurin  upon  the  particular  showing  of  harm  demonstrated  in  those 
cases,  was  universally  detrimental  to  Negro  children.  Quoting  from  those  cases 
passages  in  which  the  Court  had  stressed  the  intangible  considerations  which  go  into 
the  equal  education  equation,  including  association  with  white  student^  the  Court  in 
Brown  declared  that  "such  considerations  apply  with  added  force  to  children  in 
grade  and  high  schools.  To  separate  them  from  others  of  similar  age  and  qualifica- 
tions solely  because  of  their  race  generates  a  feeling  of  inferiority  as  to  their  status 
in  the  community  that  may  affect  their  hearts  and  minds  in  a  way  unlikely  ever  to  be 
undone."  ^^*  The  Court  added  that  "the  effect  of  this  separation  on  their  edu- 
cational opportunities"  was  "well  stated"  in  the  following  finding  of  the  lower  court 
in  one  of  the  cases  which  the  Supreme  Court  was  reviewing  (the  Kansas  case)  : 

Segregation  of  white  and  colored  children  in  public  schools  has  a  detri- 
mental effect  upon  the  colored  children.  The  impact  is  greater  when  it 
has  the  sanction  of  the  law;  for  the  policy  of  separating  the  races  is  usually 
interpreted  as  denoting  the  inferiority  of  the  Negro  group.  A  sense  of 
inferiority  affects  the  motivation  of  a  child  to  learn.  Segregation  with  the 
sanction  of  law,  therefore,  has  a  tendency  to  [retard]  the  educational  and 
mental  development  of  Negro  children  and  to  deprive  them  of  some  of  the 
benefits  they  would  receive  in  a  racial[ly]  integrated  school  system.^*^ 

The  emphasis  in  Brown  is  on  the  importance  to  the  Negro  child  of  association  with 
white  contemporaries — a  need  which  it  found  even  greater  than  the  need  of  the  law 
student  in  Sweatt  and  the  graduate  student  in  McLaurin.  It  is  difficult  to  believe  that 
the  Court  in  Brown  was  attributing  all  of  the  psychological  and  motivational  dis- 
advantage which  it  cited  to  the  circumstances  of  State  compulsion.'*"  As  the  court 
in  Blocker  v.  Board  of  Education  (Manhasset)  said  with  regard  to  elementary  school 
children: 

We  are  dealing  with  children  in  Grades  K  through  6;  i.e.,  from  age  5 
to  11.  They  see  themselves  living  in  an  almost  entirely  Negro  area  and 
attending  a  school  of  similar  character.  If  they  emerge  beyond  the  confines 
of  the  Valley  area  into  the  District  at  large,  they  enter  a  different  world 
inhabited  only  by  white  people.  They  are  not  so  mature  and  sophisticated 
as  to  distinguish  between  the  total  separation  of  all  Negroes  pursuant  to  a 
mandatory  or  permissive  State  statute  based  on  race  and  the  almost  identical 
situation  prevailing  in  their  school  district.  The  Valley  situation  generates 
the  same  feeling  of  inferiority  as  to  their  status  in  the  communty  as  was 
found  by  the  Supreme  Court  in  Brown  to  flow  from  substantially  similar 
segregation  by  operation  of  State  law.^'^ 


"^339  U.S.  637  (1950). 

^^/</.  at  641. 

"*  347  U.S.  at  494. 

^'^  Ibid. 

^"^  In  deciding  that  "separate  facilities  are  inherently  unequal,"  the  Court  in 
Brown  found  its  opinion  "amply  supported  by  modern  authority,"  347  U.S.  483, 
494,  n.  11.  Four  of  the  six  references  contain  findings  not  limited  to  de  jure 
segregation.  Frazier,  The  Negro  in  the  United  States  674-81  (1949);  Witmer  & 
Kotinsky,  Personality  in  the  Making  136-37  (1952);  Clark,  "Effect  of  Prejudice 
and  Discrimination  on  Personality  Development,  Children's  Bureau,  Federal  Security 
A-gency"  (1950)  (mimeographed)  ;  Brameld,  "Educational  Costs,"  in  Discrimination 
and  National  Welfare  (Maclver  ed.  1949). 

'«'  226  F.  Supp.  208,  229  (E.D.  N.Y.  1964) .  See  also  Booker  v.  Board  of  Education, 
45  N.J.  161,  212  A.  2d  1,  5  (1965)  ;  Morean  v.  Board  of  Education  of  Montclair,  42 
N.J.  237,  200  A.  2d  97  (1964);  In  re  Skipwith,  14  Misc.  2d  325,  180  N.Y.S.  2d 
852,  866  (Dom.  Rel.  Ct.  1958). 

247 


In  Brown,  the  Court  recognized  that  segregation,  even  absent  sanction  by  statute, 
harms  Negro  children.  The  passage  it  quoted  with  approval  from  the  lower  court 
opinion  in  the  Kansas  case  acknowledged  the  "detrimental  effect"  of  "segregation  of 
white  and  colored  children  in  public  schools"  upon  the  Negro  children,  stressing  only 
that  "the  impact  is  greater  when  it  has  the  sanction  of  law."  ^^ 

The  facts  in  this  report  support  the  view  that  school  segregation  of  Negro  and 
white  students — with  or  without  the  sanction  of  law — harms  Negro  students  ^^^  by  ad- 
versely affecting  both  their  attitudes  and  achievement.  Negro  pupils  attending  pre- 
dominantly Negro  schools  tend  to  have  lower  educational  aspirations,  more  frequently 
feel  that  they  are  unable  to  control  their  own  destinies,  have  a  poorer  self-image, 
and  have  teachers  with  lower  expectations,  than  similarly  situated  Negro  students 
attending  predominantly  white  schools.  These  differences  are  associated  partly  with 
differences  in  the  respective  social  class  levels  of  the  average  predominantly  Negro 
and  the  average  predominantly  white  school — differences  which,  given  the  relatively 
small  Negro  middle  class — cannot  be  erased  without  school  integration. 

Beyond  this,  however,  a  major  factor  in  these  differences  is  racial  isolation  itself, 
even  when  social  class  factors  are  held  constant.  Just  as  segregation  imposed  by  law 
was  held  in  Brown  to  create  feelings  of  inferiority  among  students  affecting  their 
motivation  and  ability  to  learn,  so  there  is  evidence  that  adventitious  segregation 
is  attended  by  a  stigma  which  has  comparable  effects.  The  superior  "standing 
in  the  community"  of  the  white  law  school  in  Sweatt  v.  Painter  ^^ — a  superiority 
which  the  Court  ruled  in  conflict  with  the  equal  protection  clause — is  echoed  in  the 
superior  reputation  of  predominantly  white  elementary  and  secondary  schools  as 
compared  to  similar  institutions  which  are  predominantly  Negro  and  in  the  eyes  of 
the  community  as  well  as  in  the  eyes  of  the  teachers  and  students,  stigmatized.  The 
deprivation  of  educational  contact  with  the  majority  group  which  the  Court  deemed 
so  important  in  Sweatt  because  that  group  included  most  of  the  lawyers,  jurors, 
judges,  witnesses  and  officials  with  whom  a  lawyer  inevitably  deals,  finds  its  analogue 
in  the  limited  opportunity  for  educational  association  with  members  of  the  majority 
group  available  to  Negro  students  in  predominantly  Negro  elementary  or  secondary 
schools.  Lack  of  contact  with  white  persons  impairs  the  ability  of  the  Negro  student 
to  relate  to  members  of  a  group  with  whom  he  later  may  have  to  associate  to  achieve 
success  in  the  job  market  and  in  other  areas  of  life. 

(4)    The  Responsibility  of  the  State  for  the  Denial  of  Equal  Educational 
Opportunity 

The  inequality  of  educational  opportunity  which  Negroes  receive  in  predominantly 
Negro  public  schools — inequality  which,  as  has  been  shown,  is  attributable  in  part 
to  "State  action" — violates  the  equal  protection  clause  if,  in  the  circumstances,  the 
State  fairly  can  be  said  to  be  responsible  for  the  inequality.^"  To  resolve  this  issue, 
it  it  not  enough  to  inquire  into  the  motives  of  the  State  and  local  school  authorities. 
A  discriminatory  motive  may  be  relevant  in  establishing  a  violation  of  the  equal  pro- 
tection clause,  but  it  is  not  a  prerequisite. 

It  long  has  been  held  that  the  validity  of  a  statute  may  be,  and  traditionally  is, 
"tested  by  its  operation  and  effect."  ^*"  A  law  nondiscriminatory  on  its  face  may 
be  grossly  discriminatory  in  its  operation."'  Thus,  discriminatory  motive  has  not 
been  an  issue  in  the  Supreme  Court's  invalidation  of  statutes  weighing  more  heavily 


^^  347  U.S.  at  494  [Emphasis  added]. 

"*  See  chap.  Ill  of  this  report. 

^*  339  U.S.  at  634. 

^"^  Burton  v.  Wilmington  Parking  Authority,  365  U.S.  715,  721  (1961)  ;  Shelley  v. 
Kraemer,  334  U.S.   1,   13    (1948). 

'"-Douglas  V.  California,  372  U.S.  353  (1963)  ;  Near  v.  Minnesota,  283  U.S.  697, 
708  (1931)  ;  Griffin  v.  Illinois,  351  U.S.  12,  17,  n.  11  (1956)  ;  Guinn  v.  United  States, 
238  U.S.  347  (1915)  ;  Bailey  v.  Alabama,  219  U.S.  219,  244  (1911)  ;  Home  Insurance 
Co.  v.  New  York,  134  U.S.  594,  598-599  ( 1890)  ;  Henderson  v.  Mayor  of  New  York, 
92U.S.  259,  268  (1876). 

"^  Griffin  v.  Illinois,  supra;  Guinn  v.  United  States,  supra;  Lane  v.  Wilson,  307  U.S. 
268  (1939);  Gomillion  v.  Lightfoot,  364  U.S.  339  (1960). 

248 


on  poor  persons  than  on  persons  of  means."*  In  ruling  that  the  imposition  of  a  poll 
tax  was  violative  of  the  equal  protection  clause,  the  Court  in  Harper  v.  Virginia 
State  Board  of  Elections,  ^'^  looked  not  to  the  motive  of  the  tax  but  to  its  impact 
on  the  poor.  In  Baker  v.  Carr  "*"  w^here  the  Court  took  jurisdiction  in  a  reappor- 
tionment case,  the  Court  was  concerned  not  with  the  motives  of  the  State  legislature, 
but  with  its  failure,  over  a  period  of  60  years,  to  reapportion  seats  in  the  legislature 
notwithstanding  shifts  in  population  which  produced  an  imbalance  in  the  allocation 
of  those  seats — a  situation  comparable  to  the  inaction  of  school  authorities,  in  the 
face  of  population  shifts  producing  changes  in  the  racial  composition  of  neighbor- 
hoods, which  frequently  is  instrumental  in  intensifying  racial  imbalance  in  the 
schools."' 

It  would  be  a  strange  rule  which  would  demand  a  showing  that  an  administrative 
rule  or  policy  unequally  affecting  a  particular  class  of  people  is  the  product  of  a 
discriminatory  purpose,  even  though  a  discriminatory  purpose  is  not  a  prerequisite 
to  a  determination  that  a  challenged  statute  contravenes  the  equal  protection  clause. 
As  a  Federal  court  said  in  another  context,  "The  Constitution  is  made  of  sturdier 
stuff."  "*  Thus,  in  invalidating  a  transfer  provision  in  a  desegregation  plan,  the 
Supreme  Court  said  that  "no  official  transfer  plan  or  provision  of  which  racial  segre- 
gation is  the  inevitable  consequence  may  stand  under  the  14th  amendment,"  "" 


"*See,  e.g..  Griffin  v.  Illinois,  351  U.S.  12  (1956)  ;  Douglas  v.  California,  372  U.S. 
353  (1963). 

In  Rinaldi  v.  Yeager,  384  U.S.  305  (1966),  a  prisoner  serving  a  sentence  was 
allowed  to  file  an  appeal  in  forma  pauperis  and  was  furnished  a  transcript.  The 
appeal  was  unsuccessful.  Acting  under  New  Jersey  law,  prison  officials  withheld 
his  prison  pay  to  reimburse  the  county  for  the  cost  of  the  transcript.  Without  find- 
ing that  the  law  was  motivated  by  a  discriminatory  purpose,  the  Supreme  Court 
found  a  violation  of  equal  protection  in  that  New  Jersey  did  not  impose  this  financial 
burden  upon  all  convicted  defendants  whose  appeals  had  been  unsuccessful.  The 
burden  was  not  placed  on  defendants  who  received  a  suspended  sentence,  who  were 
placed  on  probation  or  who  were  sentenced  to  pay  a  fine. 

In  another  recent  case,  Baxstrom  v.  Herold,  383  U.S.  107  (1966),  the  petitioner 
was  convicted  of  second  degree  assault  and  sentenced  to  2%  to  3  years  in  prison. 
He  was  certified  insane  by  a  prison  physician  and  sent  to  a  State  hospital.  After  the 
expiration  of  his  sentence  he  was  kept  at  the  same  hospital.  The  Supreme  Court 
held  that  the  petitioner  was  denied  equal  protection  of  the  laws  by  the  statutory 
procedure  under  which  his  commitment  was  continued  at  the  institution  for  the 
mentally  ill.  The  Court  pointed  out  that  he  was  "civilly  committed  at  the  expira- 
tion of  his  penal  sentence  without  the  jury  review  available  to  other  persons  civilly 
committed  in  New  York"  and  he  was  committed  to  an  institution  for  the  dangerously 
mentally  ill  "beyond  the  expiration  of  his  prison  term  without  a  judicial  determination 
that  he  .  .  .  [was]  dangerously  mentally  ill  such  as  that  afforded  to  all  so  committed 
except  those  .  .  .  serving  the  expiration  of  a  penal  sentence."  The  Court  said  that 
the  State  could  not  arbitrarily  withhold  the  review  proceeding,  generally  available, 
from  some.  The  unequal  operation  of  the  statute  was  sufficient  to  sustain  a  viola- 
tion of  equal  protection  without  any  finding  of  intentional  discrimination. 

""383  U.S.  663  (1966). 

""369  U.S.  186  (1962). 

"'  See  also,  Reynolds  v.  Sims,  377  U.S.  533  ( 1964)  ;  Gray  v.  Sanders,  372  U.S.  368 
{\9^?>);Wesberryw.  Sanders, ?,1^\].S.  1  (1964).  In  He  arne  v.  Smylie,  22b  Y.  ?>\iy>y>- 
645  (D.  Idaho  1964),  a  Federal  district  court  held  that  the  Idaho  Constitution  and 
statutes  "providing  for  the  apportionment  and  manner  of  election  of  State  legislators" 
did  not  violate  the  Fourteenth  Amendment  because,  among  other  reasons,  the  State 
Legislature  did  not  pass  the  legislation  with  any  intent  to  discriminate  (Id.  at  650, 
651).  The  U.S.  Supreme  Court  reversed  per  curiam,  378  U.S.  563  (1964),  citing 
Ba^^r,  369  U.S.  186  (1962)  d>.nd  Reynolds,  supra.  InHornsbyv.  Allen,?>2^Y.2dmb, 
611  (5th  Cir.  1964),  the  Fifth  Circuit  pointed  out  that  in  Baker  v.  Carr,  "the  gist  of 
the  complaint  was  merely  a  denial  of  equal  protection  through  gradual  shifts  in 
population,  although  it  was  alleged  that  the  original  1901  apportionment  was  arbitrary 
and  capricious.  Hence  it  is  at  least  doubtful  that  an  allegation  of  an  intentional  and 
purposeful  discrimination  is  necessary  to  sustain  civil  rights  jurisdiction,  even  where 
founded  on  a  denial  of  equal  protection." 

"'C/.  Blocker  v.  Board  of  Education,  (Manhasset)  226  F.  Supp.  at  223. 

'■«  Goss  v.  Board  of  Education,  373  U.S.  683,  689  ( 1963 ) . 

249 


Fairness  may  require  that  a  governmental  official  who,  without  malice,  has  created 
an  unreasonable  classification,  should  not  be  held  liable  in  damages."""  Similarly, 
it  may  be  unfair  to  imjx)se  criminal  punishment  upon  a  public  official  unless  he  has 
been  guilty  of  intentional  misconduct.*"'  But  as  one  commentator  has  noted,  "A  con- 
stitutional guarantee  of  equal  treatment  at  the  hands  of  government  should  not  be 
rendered  ineffective  because  State  administrative  officials  who  make  classifications 
are  not  malicious  but  only  bumbling."  ""^ 

Under  recent  Fifth  Circuit  decisions,  where  Negroes  constitute  a  significant  element 
of  the  community,  the  jury  commissioners  are  under  the  duty  of  consciously  including 
Negroes  on  the  venires.  The  logical  implication  is  that  the  constitutional  validity 
of  a  juror  selection  technique  will  be  determined  by  its  ejects,  i.e.,  whether  Negroes 
are  fairly  represented  on  juries,  and  will  not  depend  upon  a  showing  of  a  discrimina- 
tory purpose. ^'^ 

Similarly,  speaking  of  the  extent  to  which  the  14th  and  15th  amendments  reach 
primary  election  machinery  prescribed  by  party  rule  after  repeal  of  a  State's  primary 
laws,  the  United  States  Court  of  Appeals  for  the  Fourth  Circuit  stated  that  "No  elec- 
tion machinery  can  be  upheld  if  its  purpose  or  efect  is  to  deny  to  the  Negro,  on 
account  of  his  race  or  color,  any  effective  voice  in  the  government  of  his  country  or 
the  State  or  community  wherein  he  lives."  °"* 

State  courts  also  have  indicated  that  administrative  actions  of  public  officials  may 
violate  the  equal  protection  clause  because  of  their  discriminatory  effect  even  in  the 
absence  of  a  showing  of  discriminatory  purpose.  In  In  re  Skipwith^'^  the  court  held 
that  Negro  students  attending  a  predominantly  Negro  school  were  denied  equal  pro- 
tection of  the  laws  when  it  was  found  that  their  school  had  a  substantially  smaller 
proportion  of  regularly  licensed  teachers  than  white  schools.  The  court  stated  that 
the  discriminatory  staffing  had  resulted  from  voluntary  selection  of  schools  by  teachers. 
But  the  court  held  the  Board  of  Education  legally  responsible  for  the  inequity  since 
it  had  "done  substantially  nothing  to  rectify  a  situation  it  should  never  have  allowed 
to  develop  .  .  .  and  with  which  it  has  had  ample  time  to  come  to  grips  .  .  .  ."  '"" 
The  court  did  not  find,  and  did  not  look  for,  a  discriminatory  purpose.^"^ 


^"^  S^c  Snowdenv.  Hughes,?>2\\J.S.  1  (1944). 

="*  See  Screws  v.  United  States,  325  U.S.  91  ( 1945) . 

°"^  Horowitz,  Unseparate  But  Unequal — The  Emerging  Fourteenth  Amendment 
Issue  in  Public  School  Education,  13  UCLA  L.  Rev.  1147,  1152  (1966).  The  author 
notes  that  although  in  earlier  decisions  the  Supreme  Court,  considering  attacks  on  tax 
assessments  under  the  equal  protection  clause,  articulated  a  requirement  that  inten- 
tional discrimination  be  proved,  Sunday  Lake  Iron  Co.  v.  Township  of  Wakefield, 
247  U.S.  350  (1918)  and  Mackay  Telegraph  and  Cable  Co.  v.  City  of  Little  Rock, 
250  U.S.  94  (1919),  the  Court's  discussion  in  those  cases  ranged  well  beyond  a  deter- 
mination that  no  discriminatory  purpose  had  been  established  and  in  effect  inquired 
into  the  reasonableness  of  the  classifications  which  the  State  officials  had  made  by  the 
assessments.  The  Sunday  Lake  and  Mackay  cases,  as  well  as  Snowden  v.  Hughes, 
supra,  moreover,  each  were  concerned  with  State  action  which  allegedly  deprived  an 
individual  rather  than  a  class,  of  equal  protection.  The  court  may  have  been  con- 
cerned with  the  workability  of  a  rule  which  required  a  State  to  consider  the  impact  of 
legislation  upon  the  particular  circumstances  of  every  affected  individual,  as  distin- 
guished from  its  effect  on  classes  of  similarly  situated  persons.  Unlike  a  tax  assess- 
ment, a  school-assignment  policy  is  a  rule  of  general  applicability,  which  cannot 
logically  be  distinguished  from  a  statute  in  determining  whether  a  discriminatory  pur- 
pose is  a  prerequisite  to  its  invalidity  under  the  equal  protection  clause. 

"^^  Brooks  v.  Beto,  366  F.  2d  1  (5th  Cir.  1966),  Mack  v.  Walker,  2-3,  Civ.  No. 
21993,  5th  Cir.,  Sept.  26,  1966. 

""'Rice  v.  Elmore,  165  F.  2d  387,  392  (4th  Cir.  1947)  cert,  denied,  333  U.S.  875 
(1948)  (emphasis  added).    See  also,  Baskin  v.  Brown,  174  F.  2d  391  (4th  Cir.  1949). 

'""  14  Misc.  2d  325,  180  N.Y.S.  2d  852  (Dom.  Rel.  Ct.  1958) . 

=""  Id.  at  343,  180  N.Y.S.  2d  at  871. 

="'Cf.  People  V.  Collins,  Al  Misc.  2d  210,  261  N.Y.S.  2d  970  (Orange  County  Ct. 
1965),  holding  that  an  indigent  defendant  is  denied  equal  protection  of  the  laws  when 
upon  conviction,  a  judge  sentences  him  either  to  pay  a  fine  or  be  imprisoned.  The 
issue  in  Collins,  as  it  was  v^dth  the  challenged  administrative  action  in  Skipwith,  was 
one  of  effect,  not  motive.  Cf.  Rice  v.  Elmore,  165  F.  2d  387  (4th  Cir.  1947)  cert, 
denied,  333  U.S.  875  (1941).  Because  of  their  poverty,  indigent  defendants  effec- 
tively are  denied  the  alternative  of  paying  a  fine. 

250 


It  may  be  argued  that  the  equal  protection  clause  does  not  invalidate  every  act  of 
the  State  w^hich  falls  more  heavily  on  one  group  than  upon  another.  For  example, 
a  State  may  apply  racially  neutral  quialifications  for  admission  to  the  practice  of 
medicine,  which  affect  all  unqualified  applicants,  white  and  Negro,  in  the  same  way, 
but  which  disadvantage  the  Negro  not  because  he  is  Negro  but  because  he 
lacks  the  requisite  training.  But  there  are  important  distinctions  between  this  case 
and  racial  isolation  in  the  schools.  In  the  case  cited,  it  is  the  characteristics  of  the 
individual  affected  which  makes  the  law  bear  more  heavily  upon  him.  In  the  case 
of  the  racially  isolated  school,  it  is  the  characteristic  of  the  school  to  which  the  in- 
dividual is  assigned  by  the  State,  i.e.,  the  racial  composition  of  that  school,  which 
creates  the  unequal  burden. 

In  the  case  cited,  moreover,  the  harm  to  the  Negro  occurs  not  because  of  his  race 
but  because  of  other  factors.  By  contrast,  attendance  at  a  predominantly  Negro 
school  harms  a  Negro  child,  at  least  in  part,  because  of  his  race.  A  white  child 
similarly  situated  in  all  nonracial  respects,  and  required  to  attend  the  same  school, 
would  not  be  affected  in  the  same  way.  Thus,  even  where  racial  considerations  play 
no  part  in  the  purpose  or  motivation  of  the  school  board's  policy,  or  the  means  chosen 
to  implement  it,  the  operative  effect  of  that  p>olicy  is  racially  discriminatory  in  a 
literal  sense — contrary  to  the  historic  purposes  of  the  14th  amendment. 

(5)    The  Supremacy  of  the  14th  Amendment  Over  Conflicting  State  Policies 

a.  If  rights  under  the  equal  protection  clause  are  being  denied  or  require  vindication, 
Congress  can  provide  a  remedy.  It  is  immaterial  that  there  may  be  a  rational  basis 
for  the  policy  that   the   State  is  following  in   producing  the  inequality. 

Thus,  the  constitutional  question  does  not  depend  on  whether  the  neighborhood 
school  policy  is  rational.  Rationality  cannot  validate  the  inequality  of  educational 
opportunity  which  the  neighborhood  school  perpetuates.  Where  the  State  grants 
a  right  of  fundamental  importance,  it  must  grant  the  right  equally  to  all  persons 
within  its  jurisdiction.  A  State  imposed  inequality  respecting  such  a  right  cannot 
be  justified  on  the  ground  that  the  policy  behind  the  inequality  is  reasonable.^' 

There  can  be  no  serious  dispute  concerning  the  fundamental  importance  of  educa- 
tion.    As  the  Supreme  Court  said  in  Brown,  "in  these  days,  it  is  doubtful  that  any 


"^^  Reynolds  v.  Sims,  377  U.S.  533  (1964)  (right  to  vote  in  a  State  election); 
Griffin  v.  Illinois,  351  U.S.  12  (1956)  (right  of  indigent  defendent  to  adequate 
appellate  review);  Douglas  v.  California,  372  U.S.  353  (1963)  (right  of  indigent 
defendant  to  assistance  of  counsel  on  appeal)  ;  Rinaldi  v.  Y eager,  384  U.S.  305 
(1966);  Carrington  v.  Rash,  380  U.S.  89  (1965);  Harper  v.  Virginia  State  Board 
of  Elections,  383  U.S.  663  (1966)  ;  Skinner  v.  Oklahoma,  316  U.S.  535  (1942). 

In  Reynolds  v.  Sims,  377  U.S.  533,  581  ( 1964),  the  Supreme  Court,  having  stressed 
the  "fundamental"  nature  of  the  right  to  vote,  and  having  emphasized  that  the  case, 
like  Skinner  v.  Oklahoma,  316  U.S.  535,  "touche[d]  a  sensitive  and  important  area 
of  human  rights,"  377  U.S.  at  561,  said:  "But  if,  even  as  a  result  of  a  clearly  rational 
state  policy  of  according  some  legislative  representation  to  political  subdivisions, 
population  is  submerged  as  the  controlling  consideration  in  the  apportionment  of 
seats  in  the  particular  legislative  body,  then  the  right  of  all  of  the  State's  citizens 
to  cast  an  effective  and  adequately  weighted  vote  would  be  unconstitutionally 
impaired."  In  the  following  other  cases  involving  important  rights,  the  Court  has 
held  repugnant  to  the   14th  amendment  obviously  rational  State  policies: 

In  Griffin  v.  Illinois,  351  U.S.  12  (1956),  the  Court  struck  down  a  State  policy 
of  refusing  to  provide  a  trial  transcript  to  an  indigent  defendant  for  purposes  of  a 
criminal  appeal.  The  rational  basis  of  that  policy  was  to  expend  available  funds  in 
the  most  effective  way  by  providing  transcripts  to  indigents  only  in  more  serious  cases. 

Douglas  V.  California,  372  U.S.  353  (1963)  invahdated  a  California  policy  of 
appointing  counsel  for  indigent  defendants  who  sought  to  apxpeal  only  when  the 
appellate  court  concluded  after  examining  the  record  that  there  was  sufficient  reason 
to  provide  counsel.  The  rational  basis  for  that  policy  was  to  distinguish  between 
frivolous  and  non-frivolous  appeals  in  the  expenditure  of  public  funds  for  the  appoint- 
ment of  counsel. 

In  Harper  v.  Virginia  State  Board  of  Elections,  383  U.S.  663  (1966),  where  the 
poll  tax  was  held  unconstitutional,  a  minority  of  the  Court  pointed  out  that  there 
was  a  rational  basis  for  the  tax  in  the  State's  desire  to  collect  revenue  and  its  belief 

251 


child  may  reasonably  be  expected  to  succeed  in  life  if  he  is  denied  the  opportunity 
of  an  education."  Just  as  it  subsequently  held  with  respect  to  the  right  to  vote  in 
a  State  election  and  the  right  to  appeal  a  criminal  prosecution,  the  Court,  in  Brown 
held  that  the  right  to  an  education,  "where  the  state  has  undertaken  to  provide  it, 
is  a  right  which  must  be  made  available  to  all  on  equal  terms."  "™ 

b.  Thus,  historical  vintage  cannot  afTord  a  justification  for  infringement  of  the  right 
to  equal  educational  opportunity.  Some  courts,  like  the  district  court  in  Bell,  have  as- 
serted that  "the  neighborhood  school  which  serves  the  students  within  a  prescribed  dis- 
trict is  a  long  and  well  established  institution  in  American  public  school  education."  ^° 
Even  if  this  claim  were  true  (but  see  infra)  it  could  not  validate 
inequality  of  educational  opportunity  resulting  from  application  of  the  neighborhood 
school  policy.  As  Mr.  Justice  Frankfurter  observed  in  Cooper  v.  Aaron,  "local  cus- 
toms, however  hardened  by  time,  are  not  decreed  in  heaven."  "*^  And  as  one  court  has 
said :  "The  neighborhood  school  policy  certainly  is  not  sacrosanct.  It  is  valid  only  inso- 
far as  it  is  operated  within  the  confines  established  by  the  Constitution."  ^'  In  the 
Maryland  reapportionment  case  the  Supreme  Court  rejected  the  view  that  ".  .  .  con- 
siderations of  history  and  tradition  .  .  .  provide  a  sufficient  justification  for  the  sub- 
stantial deviations  from  population-based  representation"  in  both  houses  of  the  Mary- 
land Legislature  which  the  Court  held  violative  of  the  equal  protection  clause."  ^^ 
Similarly,  in  holding  departures  from  population-based  representation  in  the  Colorado 
Senate  repugnant  to  the  equal  protection  guarantee,  the  Court  refused  to  accept  the 
contention  that  historical  considerations  afforded  adequate  justification  for  the 
substantial  disparities.^* 

In  any  event,  history  discloses  no  consistent  pattern  under  which  children  have 
been  assigned  to  schools  in  their  neighborhoods.  For  example,  in  1872,  a  Negro 
parent  brought  suit  in  State  court  to  require  the  Albany  School  Board  to  admit  his 
child  to  the  school  nearest  his  home.  The  board  demanded  that  the  child  attend  a 
more  distant,  all-Negro  school.     The  court  declared : 

Now  it  is  to  be  observed  that  in  Albany  there  are  no  school  districts,  unless 
the  whole  city  is  one  district.  In  the  country,  as  is  well  known,  there  are 
school  districts,  and  the  children  residing  in  each  district  are  entitled  to 
attend  the  public  schools  therein.  But  it  was  not  claimed  by  the  relator 
that  there  is  any  law  making  a  certain  part  of  this  city  the  district  belong- 
ing to  a  particular  school.  I  am  unable  to  find  such  a  law.  No  school 
districts  have  existed  here  for  many  years,  so  far  as  I  can  judge  by  the 
statutes.^^ 

Upholding  the  power  of  the  school  board  to  establish  racial  attendance  areas,  the 
court  observed  that  "The  schools  of  Albany  are  the  schools  of  the  whole  city.  .  .  .  The 
school  which  is  nearest  to  his  [an  inhabitant's]  residence  is  no  more  his  than  that 
which  is  most  distant."  ^^ 

From  1870  to  1900,  Boston  school  authorities,  for  reasons  of  economy,  deliberately 
built  new  schools  in  areas  removed  from  the  center  of  "neighborhoods."  ""  In 
Hempstead,  N.Y.,  geographical  attendance  zones  were  established  for  the  first  time  in 

that  voters  who  pay  a  poll  tax  will  be  interested  in  furthering  the  State's  welfare 
when  they  vote. 

In  Rinaldi  v.  Yeager,  384  U.S.  305  (1966),  the  Court  struck  down  a  New  Jersey 
statute  permitting  the  State  to  withhold  the  pay  of  a  prisoner  to  reimburse  the  county 
for  the  cost  of  a  transcript  in  an  unsuccessful  appeal  of  his  conviction.  As  in  the 
Douglas  case,  the  statute  had  a  rational  basis  in  the  policy  of  deterring  frivolous 
appeals. 

-""'  Brown  v.  Board  of  Education  347  U.S.  483,  493  (1954) . 

"^"Bell  v.  School  City  of  Gary,  213  F.  Supp.  819,  829  (N.D.  Ind.),  aff'd,  324  F.  2d 
209  (7th  Cir.  1963). 

=^358  U.S.  1,25  (1958). 

^"^  Taylor  y.  Board  of  Education  ( New  Rochelle ) ,  191  F.  Supp.  181,  195  (S.D.  N.Y. 
1961 ) ,  aff'd,  294  F.  2d  36  (2d  Cir.  1961 ) . 

'^^  Maryland  Committee  v.  Tawes,  377  U.S.  656,  675  (1964). 

^*  Lucas  V.  Forty-fourth  General  Assembly  of  Colorado,  377  U.S.  713,  738  (1964). 

'^People  et  rel.  Dietz  v.  Easton,  13  Abb.  Pr.  Rep.  N.S.   (N.Y.)    159,  162  (1872). 

"^Ubid. 

^"Warner,  "Streetcar  Suburbs,"  The  Process  of  Growth  in  Boston,  1870-1890 
(1962)  159. 

252 


1949.^'  Before  1961,  Newark,  N.J.  schools  apparently  were  not  geographically 
districted.^  Baltimore,  like  hundreds  of  Southern  school  systems,  follows  an  open 
enrollment  or  free  choice  policy,  under  which  students  have  a  choice  of  schools. 

Nor  has  there  been  any  consistent  pattern  of  assigning  children  to  schools  in  their 
"neighborhoods"  even  where  school  systems  have  employed  geographic  zoning. 
Geographic  attendance  areas  were  much  larger  at  a  time  when  the  population  was 
less  dense  and  the  school  population  was  dispersed  over  a  wide  area.  With  increas- 
ing population  density,  school  systems  have  telescoped  attendance  areas,  but  the 
purpose  is  to  prevent  overcrowding,  not  to  afford  children  advantages  supposedly 
stemming  from  attendance  at  a  school  in  one's  "neighborhood."  The  particular 
boundaries  of  geographic  attendance  areas  have  not  been  determined  by  the  bound- 
aries of  "neighborhoods"  in  the  social  sense,  but  have  been  born  of  convenience,  so 
as  to  coincide  with  such  barriers  as  natural  boundaries,  railroad  tracks  and  highways 
Many  school  systems  have  abandoned  so-called  neighborhood  schools  where  educa 
tional  considerations — such  as  a  need  to  eliminate  racial  imbalance — have  so 
dictated. 

The  "neighborhood  school  policy,"  on  the  other  hand,  often  has  served  as  a  con- 
venient rationalization  for  refusing  to  integrate  the  schools.  The  ironic  contradiction 
was  noted  by  the  Court  of  Appeals  for  the  Fifth  Circuit  when  in  a  recent  case,  the 
Mobile,  Ala.  School  Board  urged  upon  the  court  the  importance  of  preserving  the 
"neighborhood  school" : 

Both  in  the  testimony  and  in  the  briefs,  much  is  said  by  the  appellees 
about  the  virtues  of  "neighborhood  schools."  Of  course,  in  the  brief  of  the 
Board  of  Education,  the  word  "neighborhood"  doesn't  mean  what  it  usually 
means.  When  spoken  of  as  a  means  to  require  Negro  children  to  continue 
to  attend  a  Negro  school  in  the  vicinity  of  their  homes,  it  is  spoken  of  as  a 
"neighborhood"  school  plan.  When  the  plan  permits  a  white  child  to  leave 
his  Negro  "neighborhood"  to  attend  a  white  school  in  another  "neighbor- 
hood" it  becomes  apparent  that  the  "neighborhood"  is  something  else 
again.  As  every  member  of  this  court  knows,  there  are  neighborhoods  in 
the  South  and  in  every  city  of  the  South  which  contain  both  Negro  and 
white  people.  So  far  as  has  come  to  the  attention  of  this  court,  no  board 
of  education  has  yet  suggested  that  every  child  be  required  to  attend  his 
"neighborhood  school"  if  the  neighborhood  school  is  a  Negro  school.  Every 
Board  of  Education  has  claimed  the  right  to  assign  every  white  child  to  a 
school  other  than  the  neighborhood  school  under  such  circumstances.  And 
yet,  when  it  is  suggested  that  Negro  children  in  Negro  neighborhoods  be 
permitted  to  break  out  of  the  segregated  pattern  of  their  own  race  in  order 
to  avoid  the  "inherently  unequal"  education  of  "separate  educational  facili- 
ties," the  answer  too  often  is  that  the  children  should  attend  their  "neigh- 
borhood school."  So,  too,  there  is  a  hollow  sound  to  the  superficially  appeal- 
ing statement  that  school  areas  are  designed  by  observing  safety  factors, 
such  as  highways,  railroads,  streams,  etc.  No  matter  how  many  such  barriers 
there  may  be,  none  of  them  is  so  grave  as  to  prevent  the  white  child  whose 
"area"  school  is  Negro  from  crossing  the  barrier  and  enrolling  in  the  nearest 
white  school  even  though  it  be  several  inter\'ening  "areas"  away.""" 

Similarly,  in  1965,  in  an  Oklahoma  City  school  desegregation  suit,  a  Federal  dis- 
trict court  noted  the  historical  willingness  of  the  school  authorities  in  that  city  to 
sacrifice  the  neighborhood  school  policy  to  preserve  segregation."'' 


'^'Matter  of  School  District  No.  1,  Village  of  Hempstead,  70  [N.Y.]  State  Dept. 
Rep.  108,  109  (1949). 

^"  Hearings  in  Newark,  N.J.,  before  the  U.S.  Commission  on  Civil  Rights,  Sept.  1 1- 
12,  1962,  p.  232. 

-^  Davis  v.  Board  of  School  Commissioners  of  Mobile  County,  364  F.  2d  896,  901 
(5th  Cir.  1966) 

^  "The  history  of  the  Oklahoma  [City]  school  system  reveals  that  the  Board's 
commitment  to  a  neighborhood  school  policy  has  been  considerably  less  than  total. 
During  the  period  when  the  schools  were  operated  on  a  completely  segregated  basis, 
state  laws  and  board  policies  required  that  all  pupils  attend  a  school  serving  their 
race  which  necessitated  pupils  bypassing  schools  located  near  their  residences  and 
traveling  considerable  distances  to  attend  schools  in  conformance  with  the  racial 
patterns.  After  the  Brown  decision  and  the  Board's  abandonment  of  its  dual  zone 
policy,  a  minority  to  a  majority  transfer  rule  was  placed  in  effect,  the  express  purpose 

253 


To  sum  up,  there  is  no  historical  tradition  under  which  school  systems  uniformly 
have  assigned  students  to  "neighborhood"  schools.  In  any  event,  neither  tradition  nor 
rationality  can  afford  a  basis  for  upholding,  notwithstanding  the  14th  amendment,  a 
State  policy  affecting  persons  unequally  with  respect  to  a  right  of  a  fundamental  nature. 
This  is  especially  true  of  a  State  policy  which  has  the  efTect  of  discriminating  against 
the  very  class  of  people  who  the  14th  amendment  was  designed  to  protect.^^ 

(6)    The  Responsibility  of  the  Federal  and  State  Governments  for  Residen- 
tial Segregation 

There  is  still  another  basis  upon  which  Congress  could  conclude  that  it  is  authorized 
by  the  Constitution  to  correct  adventitious  school  segregation. 

Residential  segregation,  which,  in  conjunction  with  the  neighborhood  school 
policy  and  other  discretionary  policies  of  school  boards  is  in  large  measure  responsible 
for  racial  isolation  in  the  schools,  is  a  product  of  many  factors,  but  racially  dis- 
criminatory policies  of  both  the  Federal  and  State  Governments  have  played  a  large 
role. 

a.  A  principal  impetus  to  housing  discrimination  during  the  1930's  and  1940's — 
years  of  heavy  migration  of  Negroes  from  the  South  to  the  North  and  suburban  expan- 
sion— was  the  policy  of  the  Federal  Housing  Administration.  The  1935  and  1936 
Underwriting  Manuals  of  the  FHA  recommended  the  insertion  of  racial  covenants  in 
deeds  "^  and  warned  that  "inharmonious  racial  or  nationality  groups"  or  "incompatible 
racial  element[s]"  would  reduce  the  value  of  property."*  The  1938  FHA  Manual 
advised:  "If  a  neighborhood  is  to  retain  stability,  it  is  necessary  that  properties  shall 
continue  to  be  occupied  by  the  same  social  and  racial  classes."  "^  For  a  period  of  time 
even  after  the  Supreme  Court's  decision  in  Shelley  v.  Kraemer  (holding  that  judicial 
enforcement  of  such  covenants  was  unconstitutional),  FHA  continued  to  treat  racial 
integration  of  housing  as  a  reason  for  denying  benefits  to  an  applicant.^^  The  damage 
caused  by  FHA's  policies  was  widespread. 

FHA's  espousal  of  the  racial  restrictive  covenant  helped  spread  it  throughout 
the  country.  The  private  builder  who  had  never  thought  of  using  it  was  obliged 
to  adopt  it  as  a  condition  for  obtaining  FHA  insurance.  .   .   . 

FHA  succeeded  in  modifying  legal  practice  so  that  the  common  form  of  deed 
included  the  racial  covenant.  Builders  everywhere  became  the  conduits  of 
bigotry.   .   .   . 

The  evil  that  FHA  did  was  of  a  peculiarly  enduring  character.  Thousands 
of  racially  segregated  neighborhoods  were  built,  millions  of  people  re-assorted  on 
the  basis  of  race,  color,  or  class,  the  differences  built  in,  in  neighborhoods  from 
coast  to  coast.^' 

The  active  intervention  of  FHA  on  the  side  of  racial  restrictions  constituted  a 
violation  of  the  5th  amendment,  which  contains  a  due  process  clause  prohibiting 
the  Federal  Government  from  imposing  racial  classifications  which  deny  equal  pro- 
tection to  Negroes.""'  Even  without  a  special  delegation  of  authority.  Congress  has 
inherent  power  to  implement,  by  positive  legislation,  a  right  granted  or  secured  by 


of  which  was  to  enable  pupils  to  transfer  from  the  schools  located  nearest  their 
residences,  i.e.,  the  neighborhood  school,  in  order  to  enroll  in  schools  traditionally 
serving  pupils  of  their  race,  and  located  outside  their  immediate  neighbor- 
hood. .  .  .  Thus,  it  appears  that  the  neighborhood  school  concept  has  been  in  the 
past,  and  continues  in  the  present  to  be  expendable  when  segregation  is  at  stake." 
Dowell  V.  School  Board  (Oklahoma  City),  244  F.  Supp.  971,  977  (W.D.  Okla.  1965) 
remanded  on  other  grounds,  civil  No.  8523,  10th  Cir.,  Jan.  23,  1967. 

"'See  Strauder  v.  West  Virginia,  100  U.S.  303  (1879).  Slaughter-House  Cases, 
16  Wall.  36,  67,  71-72   (1892). 

'^FHA  Underwriting  Manual,  part  II,  §§  309,  310  (1935)  ;  part  II,  §  228  (1936). 

'''Id.  at  part  II,  §310  (1935);  part  II,  §266  (1936).  See  also  part  II, 
§§315,330  (1935) ;  part  II,  §§  229,252,284  (1936). 

^Id.  at  part  II,  §937  (1938).    See  also  Part  II,  §§  935,  951  (1938). 

==«334  U.S.  1  (1948).  Abrams,  Forbidden  Neighbors,  233  (1955);  Weaver, 
The  Negro  Ghetto,  71-73  (1948). 

^Abrams,  Forbidden  Neighbors  234-36  (1965).  See  also  Weaver,  The  Negro 
Ghetto  71-73  (19^8)  ;  Abrams,  The  City  Is  the  Frontier  61-62  (1965). 

""^  Boiling  v.  Sharpe,  347  U.S.  497  (1954). 

254 


the  Constitution.*^  Congress  reasonably  could  conclude  that,  in  order  to  secure  5th 
amendment  due  process  rights,  it  is  necessary  to  require  the  States  to  insure  that 
housing  segregation,  for  which  the  Federal  Government  is  in  part  responsible,  is  not 
compounded  by  reflection  in  the  schools.  To  dispel  the  lingering  effects  of  the 
Federal  Government's  past  violations  of  the  5th  amendment,  Congress  may  require  the 
correction  of  adventitious  school  segregation.  This  conclusion  would  be  reasonable 
regardless  of  whether  Congress  could  require  the  correction  of  such  segregation  absent 
the  complicity  of  the  Federal  Government  in  segregated  housing  patterns. 

b.  By  the  same  token,  support  for  congressional  legislation  also  can  be  found  in  the 
power  of  Congress,  under  section  5  of  the  14th  amendment,  to  dispel  school  segrega- 
tion resulting  from  housing  discrimination  to  which  racially  discriminatory  action, 
and  action  otherwise  in  contravention  of  the  14th  amendment,  of  non-school  State 
agencies  has  contributed.  Since  Congress  may  prohibit  conduct  which  is  beyond  the 
self-executing  ban  of  the  14th  amendment  in  order  to  enforce  a  right  under  the 
amendment  against  the  State,^^  it  may  override  State  school  laws  or  policies  which 
cannot  be  disentangled  from  governmental  violations  of  the  14th  amendment  in  the 
housing  area. 

Although  local  ordinances  requiring  residential  segregation  were  held  unconstitu- 
tional by  the  Supreme  Court  in  1917  {Buchanan  v.  Warley)  ^'^  cities  continued  to 
enforce  such  ordinances  for  many  years  thereafter,"^  some  even  as  late  as  the  1950's.^" 
In  1929,  the  Houston  City  Planning  Commission  recommended  setting  aside  areas 
within  the  city  for  Negro  residence,^  reasoning: 

.  .  .  Negroes  are  a  necessary  and  useful  element  in  the  population  and  suitable 
areas  with  proper  living  and  recreation  facilities  should  be  set  aside  for  them. 
Because  of  long  established  racial  prejudices,  it  is  best  for  both  races  that  living 
areas  be  segregated.  Segregation  by  zoning  has  been  proven  unconstitutional, 
therefore  the  best  method  is  by  mutual  agreement.^^ 

The  Commission  then  went  on  to  recommend  that  three  large  areas,  where  Negroes 
already  resided  (San  Felipe,  the  northeast  portion  of  the  fifth  ward,  and  the  southeast 
f>ortion  of  the  fifth  ward)  be  set  aside.  It  also  recommended  developing  smaller 
districts  then  inhabited  by  Negroes  because  "small  districts,  if  properly  located  suit- 
able to  white  residence  districts,  furnish  convenient  living  places  for  servants."  ^ 
It  is  not  known  whether,  or  how,  the  Commission's  recommendations  were  carried  out. 
However,  in  1960,  the  Negro  population  was  concentrated  in  the  three  areas  specified 
by  the  Commission,  as  well  as  in  several  other  smaller  areas.^" 

As  the  prohibition  in  Buchanan,  supra,  gradually  took  effect,  the  racial  restrictive 
covenant  gained   widespread   use.     It   was  judicially   enforced,   particularly   in   the 


=-'See  Strauder  v.  West  Virginia,  100  U.S.  303,  310-11  (1880).  This  congres- 
sional power  was  settled  in  the  decisions  upholding  the  Fugitive  Slave  Acts  of  1793 
and  1850  {Prigg  v.  Pennsylvania,  16  Pet.  539  (1842)  ;  Ableman  v.  Booth,  21  How. 
506  (1859) ) ,  and  it  is  the  necessary  assumption  of  the  cases  upholding  Federal  legisla- 
tion protecting  the  right  to  vote  in  presidential  elections — which  the  Constitution 
does  not  expressly  empower  Congress  to  regulate.  Burroughs  and  Cannon  v. 
United  States,  290  U.S.  534  (1934).  See  also  Ex  parte  Yarborough,  110  U.S.  651, 
658   (1884). 

^"See  the  opinion  in  United  States  v.  Guest,  383  U.S.  745,  784  (1966). 

23oa245  U.S.  60   (1917). 

^Bowen  v.  City  of  Atlanta,  159  Ga.  145,  125  S.E.  199  (1924);  Liberty  Annex 
Corp.  V.  City  of  Dallas,  19  S.W.  2d  845  (Tex.  Civ.  App.  1929)  ;  Allen  v.  Oklahoma 
City,  175  Okl.  421,  52  P.  2d  1054  (1935);  Clinard  v.  City  of  Winston-Salem,  217 
N.C.  119,  6  S.E.  2d  867  (1940). 

^-Birmingham  v.  Monk,  185  F.  2d  859  (5th  Cir.  1950),  cert  denied,  341  U.S.  940 
(1951).  See  also  Jimerson  v.  Bessemer,  Civil  No.  10054,  N.D.  Ala.  (1962),  where 
it  was  observed  that  the  zoning  ordinance  had  only  been  repealed  "several  years  ago." 

'^  Report  of  the  City  Planning  Commission,  Houston,  Tex.,  the  Forum  of  Civics, 
Dec.   1929,  pp.  25-28. 

=^  Id.  at  25. 

"^  Id.  at  25,  27. 

==""  Telephone  interview  with  Prof.  William  McCord,  Department  of  Sociology  and 
Anthropology,  Rice  University,  Dec.  21,  1966. 

255 


North,^'  until  1948  when  the  Supreme  Court  held  that  State  judicial  enforcement 
of  such  a  covenant  violated  the  14th  amendment  {Shelley  v.  Kraemer)  .""'^  During 
the  time  that  elapsed  between  Buchanan  and  Shelley,  extensive  use  was  made  of  the 
racially  restrictive  covenant. 

One  writer  has  said  that  the  failure  of  the  courts  to  strike  down  racially  restrictive 
covenants  during  this  period : 

helped  establish  the  current  pattern  of  urban  segregation  and  suburban  ex- 
clusion which  is  accelerating  racial  tensions  in  American  communities.  Con- 
sidering that  more  than  seven  million  houses  were  built  in  the  1920's  during 
the  Negro  migration,  only  a  small  fraction  of  them  for  Negroes,  the  restrictive 
covenant  may  leave  its  influence  upon  American  racial  patterns  and  biases  for 
generations  ahead."^' 

In  1953  the  Supreme  Court,  five  years  after  Shelley,  held  that  a  State  court  may  not, 
constitutionally,  award  damages  for  the  violation  of  a  racially  restrictive  covenant."" 
Although  racially  restrictive  covenants  no  longer  are  enforceable,  residential  patterns 
established  with  the  assistance  of  such  covenants  still  persist.'" 

State  and  local  governments  also  have  discriminated  on  the  basis  of  race  in  the 
administration  of  public  housing  projects.  Only  a  generation  ago,  segregated  projects 
for  Negroes  and  whites  were  approved  for  Philadelphia."*"  The  constitutionality  of 
such  a  program  was  still  being  litigated  in  Detroit  in  1955.""     Reports  to  the  U.S. 


^'  Covenants  were  court  enforced  in  the  following  States:  Alabama:  Wyatt  v.  Adair, 
215  Ala.  363  (1926);  California:  Los  Angeles  Inv.  Co.  v.  Gary,  181  Calif.  680 
(1919),  Janss  Investment  Co.  v.  Walden,  196  Calif.  753  (1925),  Wayt  v.  Patee,  205 
Calif.  46  (1928),  Fair  child  v.  Raines,  24  Calif.  812,  151  P.  2d  260  (1944),  Stone  v. 
Jones,  66  Adv.  Calif.  App.  313,  152  P.  2d  19  (1944),  Burkhardt  v.  Lojton,  63  Calif. 
App.  2d  230,  146  P.  2d  720  (1943),  Little  Johns  v.  Henderson,  111  Calif.  App.  115, 
295  Pac.  95  (1931) ,  Shideler  v.  Roberts,  69  Calii.  App.  2d  549,  160  P.  2d  67  (1945); 
Colorado:  Chandler  v.  Ziegler,  88  Colo.  1  (1930) ,  Steward  v.  Cronan,  105  Colo.  393 
(1940);  Georgia:  Dooley  v.  Savannah  Bank  &  Trust  Co.,  199  Ga.  353  (1945); 
Illinois:  Burke  v.  Kleiman,  111  111.  App.  519,  534  (1934)  ;  Kansas:  Clark  v.  Vaughan, 
131  Kans.  438  (1930);  Kentucky:  United  Cooperative  Realty  Co.  v.  Hawkins,  269 
Ky.  563  (1937);  Louisiana:  Queensborough  Land  Co.  v.  Cazeaux,  136  La.  724 
(1915);  Maryland:  Meade  v.  Dennistone,  173  Md.  295  (1938),  Scholtes  v.  Mc- 
Colgan,  184  Md.  480,  487-88  (1945)  ;  Michigan:  Parmalee  v.  Morris,  218  Mich.  625 
(1922),  Schulte  v.  Starks,  238  Mich.  102  (1927),  Porter  v.  Barrett,  233  Mich.  373 
(1925),  Malicke  v.  Milan,  320  Mich.  65,  30  N.W.  2d  440  (1948),  Mrsa  v.  Reynolds, 
317  Mich.  632,  27  N.W.  2d  40  (1947),  N.W.  Civic  Assn.  v.  Sheldon,  317  Mich.  416, 
27  N.W.  2d  36  (1947),  Sipes  v.  McGee,  316  Mich.  614  (1947),  rev'd,  334  U.S.  1; 
Missouri:  Koehler  v.  Rowland,  275  Mo.  573  (1918),  Porter  v.  Pryor,  164  S.W.  2d 
353  (Mo.  \9A2),  Porter  V.  Johnson,  232  Mo.  App.  1150  (1938),  Thornhillw.  He-dt, 
130  S.W.  2d  175  (Mo.  App.  1939),  Swain  v.  Maxwell,  196  S.W.  2d  780,  355  Mo. 
448  (1946),  Kraemer  v.  Shelley,  355  Mo.  814,  198  S.W.  2d  679  (1947),  rev'd,  334 
U.S.  1  (1948),  Weiss  V.  Leaon,  359  Mo.  1054,  225  S.W.  2d  127  (1949);  New  Jersey: 
Lion's  Head  Lake  v.  Brzezinski,  23  N.J.  Misc.  290  (1945)  ;  New  York:  Ridgway  v. 
Cockburn,  163  Misc.  511  ( 1937),  Dury  v.  A^^^/y,  69  N.Y.  Supp.  2d  677  (1942)  Kemp 
V.  Rubin,  188  Misc.  310  (1947)  ;  North  Carolina:  Vernon  v.  R.  J.  Reynolds  Realty 
Co.,  226  N.C.  58  (1946)  ;  Ohio:  Parkins  v.  Trustees  of  Monroe  Ave.  Church,  79  Ohio 
App.  457  (1946),  rev'd,  334  U.S.  813;  Oklahoma:  Lyons  v.  Wallen,  191  Okla.  567 
(1942),  Hemsley  v.  Sage,  194  Okla.  669  (1944),  Hemsley  v.  Hough,  195  Okla.  298 
(1945);  Texas:  Liberty  Annex  Corp.  v.  Dallas,  289  S.W.  1067  (1927);  West  Vir- 
ginia: White  V.  White,  108  W.  Va.  128,  147  (1929);  Wisconsin:  Doherty  v.  Rice, 
240  Wise.  389  (1942);  District  of  Columbia:  Corrigan  v.  Buckley,  271  U.S.  323 
(1924),  Torrey  v.  Wolfes,  6  F.  2d  702  (1925),  Cornish  v.  O'Donoghue,  20  F.  2d  983 
(1929),  Russell  v.  Wallace,  30  F.  2d  981  (1929),  Edwards  v.  West  Woodridge 
Theater  Co.,  55  F.  2d  524  (1931),  Grady  v.  Garland,  89  F.  2d  817  (1937),  Hundley 
v.  Gorewitz,  132  F.  2d  23  (1942),  Mays  v.  Burgess,  147  F.  2d  869  (1945),  Bogan  v. 
Saunders,  71  F.  Supp.  587  (1947);  Hurd  v.  Hodge,  82  App.  D.C.  180,  162  F.  2d 
233  (1947),rev'd,  334 U.S.  24(1948). 

-"=^334  U.S.  1  (1948). 

"^  Ahrams,  Forbidden  Neighbors  220  (1955). 

'"  Barrows  v.  Jackson,  346  U.S.  249  ( 1953 ) . 

"*^  See  p.  20,  supra. 

'^  Favors  v.  Randall,  40  F.  Supp.  743  (E.D.  Pa.  1941 ) . 

^"^  Detroit  Housing  Commissions.  Lewis,  226  F.  2d  180  (6th  Cir.  1955). 

256 


Commission  on  Civil  Rights  showed  that  segregation  in  public  housing  was  being  prac- 
ticed in  Kentucky,  Missouri,  and  Tennessee  in  1961."" 

Local  governments  perpetuate  segregated  residential  areas  in  other  ways.  Builders 
and  lenders  say  that  local  governments  are  a  "major  source  of  restrictions  on  their 
freedom  to  choose  sites"  where  minority  or  open-occupancy  housing  is  involved.**® 
Local  officials  may  obstruct  by  abusing  their  authority  to  issue  building  permits,  pro- 
vide sewage  facilities,  and  administer  building  inspection  standards.-"  Land  is  diffi- 
cult to  find  in  areas  which  local  officials  will  approve  for  minority  housing.""  There 
is  not,  however,  a  continuing  controversy  over  minority  housing  sites  because,  as  one 
commentator  points  out : 

.  .  .  racial  restrictions  on  residential  land  use,  like  an  iceberg,  are  of  known 
presence  but  mostly  invisible.  It  is  only  when  a  builder  miscalculates  or  is 
prepared  to  fight  that  restrictions  come  into  public  view.  Builders  normally 
do  not  go  looking  for  sites  or  attempt  to  build  for  nonwhites  in  areas  known 
to  be  restricted,  because  they  know,  in  the  words  of  a  Los  Angeles  builder, 
"there  would  be  no  inspections  and  no  permits  and  he  would  be  out  of 
business."  "^'* 

See  Progress  Development  Corporation  v.  Mitchell,"'^  where  it  was  alleged  that  the 
village  trustees  used  the  local  ordinances  relating  to  the  building  code  in  "seeking  to 
harass,  impede,  delay,  and  otherwise  prevent  the  construction  of  homes  by  Progress 
and  the  sale  of  some  of  said  homes  to  Negroes."  ^^  In  another  case,  an  incorporated 
area  made  it  known  that  if  certain  properties  were  sold  to  Negroes,  the  building  regu- 
lations would  be  irtade  more  stringent  so  that  new  homes  would  not  be  built.^^  In 
that  case  an  ordinance  required  that  the  depth  of  wells  be  no  less  than  400  feet  in  the 
geographic  area  into  which  Negroes  were  buying,  while  homes  already  built  (and 
owned  by  whites)  in  that  area  and  other  areas  of  the  town  ranged  from  100  to  270 
feet  in  depth  and  were  not  subject  to  the  ordinance.  Regulations  as  to  septic  tank 
laterals  also  were  used  to  discourage  Negroes  from  buying  property  and  building 
homes  in  a  particular  area. 

Local  governmental  bodies  also  have  used  the  power  of  eminent  domain  to  pre- 
vent Negroes  from  living  in  all-white  neighborhoods.  In  Wiley  v.  Richland  Water 
District,"°"  the  land  upon  which  a  Negro  family  had  planned  to  construct  a  home 
was  condemned  by  the  local  water  district  for  future  development  and  sanitatiotn 
control.  In  City  of  Creve  Coeur  v.  Weinstein/^^  the  court  upheld  the  condemna- 
tion for  present  recreational  facilities  of  land  in  a  previously  all-white  neighborhood 
owned  by  a  Negro  family."®* 

=*'USCCR,  The  JO  States  Report,  173,  329,  591  (1961).  In  Thompson  v. 
Housing  Authority  of  the  City  of  Miami,  251  F.  Supp.  121  (S.D.  Fla.  1966),  it  was 
alleged  that  a  public  housing  authority  constructed  housing  projects  on  sites  located 
in  Negro  neighborhoods  for  the  purpose  of  containing  the  Negro  population.  The 
court  held,  however,  that  the  mere  fact  that  the  projects  were  constructed  in  the 
Negro  neighborhood  was  not  enough  to  overcome  the  presumption  of  regularity. 

It  also  has  been  alleged  that  Federal  and  local  governments  discriminate  in  their 
urban  redevelopment  programs  contributing  to  the  maintenance  of  residential  segre- 
gation. See  Deal  v.  Cincinnati  Board  of  Education,  244  F.  Supp.  572  (S.D.  Ohio 
1965),  rev'd  on  other  grounds.  No.  16863,  6th  Cir.,  Dec.  6,  1966,  where  exhibits  were 
oflfered  in  evidence,  but  rejected  by  the  court,  to  show  that  lists  in  which  properties 
are  restricted  on  the  basis  of  race  were  used  to  assist  people  in  relocation. 

-"McEntire,  Residence  and  Race  186,  187  (1960). 

''"Id.  at  186. 

="  Ibid. 

-*'Id.  at  187. 

-"286F.  2d222  (7th  Cir.  1961). 

-"^  Id.  at  226.  See  also  Deerfield  Park  v.  Progress  Development  Corp.,  26  III.  2d 
296,  186  N.E.  2d  360  (1962),  cert,  denied  372  U.S.  968  (1963). 

'''Anderson  v.  Town  of  Forest  Park,  239  F.  Supp.  576,  583  (W.D.  Okla.  1965) 
(cited  in  Dowell  v.  School  Board  of  Oklahoma  City  Public  Schools,  244  F.  Supp.  971 
(W.D.  Okla.  1965)). 

-"^  Civil  No.  60-207,  D.  Ore.,  June  30,  1960,  5  Race  Rel.  L.  Rep.  788  (1960). 

-®"  329  S.W.  2d  399  (St.  Louis  Ct.  App.  1959). 

=®'See  also  Western  Springs  Park  District  v.  Falls,  Civil  No.  52-C-14741  (Cook 
Co.  Cir.  Ct.  111.  1953);  Progress  Development  Corp.  v.  Mitchell,  286  F.  2d  222 
(7th  Cir.  1961). 

257 


Congressional  imposition  of  a  duty  to  disestablish  school  segregation  deriving  in 
large  measure  from  past  discrimination  of  State  and  local  governments  would  be 
consistent  both  with  judicial  decisions  in  the  area  of  constitutional  law  and  with 
general  legal  principles. 

In  Dowell  v.  School  Board  of  Oklahoma  City^  the  court  found  that  residential 
segregation  for  which  the  State  was  responsible  was  a  significant  factor  in  school 
segregation.  The  court  noted  that  "Negroes  in  Oklahoma  City  reside  in  certain 
definite  areas,  which  areas  were  designated  as  such  originally  by  virtue  of  State  law 
and  were  continued  through  the  general  use  of  restrictive  covenants"  and  that  the 
neighborhood  school  poHcy,  "when  superimposed  over  already  existing  residential 
segregation  initiated  by  law  in  Oklahoma  City,  leads  inexorably  to  continued  school 
segregation."  "^  In  these  circumstances,  the  court  held,  the  neighborhood  school 
policy,  without  any  provision  for  mitigating  the  effect  of  residential  segregation, 
contravened  the  equal  protection  clause  of  the  14th  amendment.  The  court  entered 
a  decree  under  which  any  student  whose  race  was  in  the  majority  in  the  school  he 
attended  could  transfer  to  a  school  in  which  his  race  would  be  in  the  minority, 
enabling  Negro  students  trapped  in  Negro  schools  to  transfer  out  and  obtain  an  inte- 
grated education.^'  The  Dowell  case  is  consistent  with  the  principle  familiar  in  the 
law  that  the  party  responsible  for  a  wrong  must  "disentangle  the  consequences  for 
which  it  was  chargeable"  or  bear  responsibility  for  the  whole. '^'' 

There  is  nothing  novel  in  the  proposition  that,  by  indulging  in  one  unconstitutional 
act,  a  State  is  barred  from  engaging  in  action  otherwise  within  its  power  because 
such  action  would  perpetuate  the  unconstitutionality.  An  otherwise  valid  voter 
qualification  may  not  be  applied  constitutionally  where  its  effect  would  be  to  raise 
standards  above  those  applicable  at  a  time  when  Negroes  were  discriminatorily 
excluded  from  the  franchise,  at  least  where  white  persons  registered  during  such 
time  remain  on  the  registration  rolls. ^^  State  requirements  that  a  voter  registration 
applicant  be  identified  by  registered  voters,  when  only  white  persons  are  on  the 
registration  rolls,  contravene  the  14th  amendment.^"  The  Houston  School  Board, 
which  long  had  applied,  indiscriminately  to  Negroes  and  whites,  a  "brother-sister" 
rule  which  required  children  in  Grades  1  through  6  to  attend  the  same  school  as  an 
older  brother  and  sister,  was  enjoined  from  applying  the  rule  because  it  perpetuated 
school  segregation  which  had  been  compelled  by  law.""  A  State  university's  re- 
quirement that  an  applicant  for  a  master's  degree  be  a  graduate  of  an  accredited 
college — applicable   equally   to  Negroes   and  whites — was  held  to  deny  equal  pro- 

=55  244  p  supp  971  (^D  okla.  1965)  remanded  on  other  grounds,  Civ.  No. 
8523,  10th  Cir.,  Jan.  23,  1967. 

^/^.  at  975,  976. 

"'^  See  also  Holland  v.  Board  of  Public  Instruction  of  Palm  Beach  County,  258  F. 
2d  730  (5th  Cir.  1958),  where  the  Fifth  Circuit  found  that  "in  the  light  of  com- 
pulsory residential  segregation  of  the  races  by  city  ordinance,  it  is  wholly  unrealistic 
to  assume  that  the  complete  segregation  existing  in  the  public  schools  is  either  volun- 
tary or  the  incidental  result  of  valid  rules  not  based  on  race"  {Id.  at  732)  ;  Ludley 
v.  Board  of  Supervisors,  150  F.  Supp.  900  (E.D.  La.  1957),  aff'd,  252  F.  2d 
372  (5th  Cir.  1958),  where  an  otherwise  innocuous  statute  was  held  "unconstitu- 
tional when  applied  in  tandem  with"  another  statute.  And  see  Bush  v.  Orleans 
Parish  School  Board,  138  F.  Supp.  337  (E.D.  La.  1956),  aff'd,  242  F.  2d  156 
(5th  Cir.  1957).  Parker  v.  Franklin,  223  F.  Supp.  724  (M.D.  Ala.  1963),  modi- 
fied and  aff'd,  adopting  the  opinion  of  the  district  court,  331  F.  2d  841  (5th  Cir. 
196^)  ;  Ross  V.Dyer,  312  F.  2d  191  (5th  Cir.  1963). 

'^National  Labor  Relations  Board  v.  Remington  Rand,  Inc.,  94  F.  2d  862,  872 
(2d  Cir.  1938),  cert,  denied,  304  U.S.  576  (1938).  Thus,  when  an  employer  has 
dominated  and  supported  a  labor  organization,  the  organization  will  be  forever  dis- 
established even  though  the  employer's  misconduct  has  ceased,  even  though  some 
employees  may  freely  prefer  it,  and  even  though  a  majority  of  the  employees  might 
vote  to  have  it  represent  them.  Texas  and  N.O.R.  Co.  v.  Brotherhood  of  Railway 
and  S.S.  Clerks,  281  U.S.  548  (1930)  ;  National  Labor  Relations  Board  v.  Southern 
Bell  Co.,  319  U.S.  50  (1943). 

'^^  Louisiana  v.  United  States,  380  U.S.  145  (1965)  ;  United  States  v.  Duke,  332 
F.  2d  759  (5th  Cir.  1964). 

=*°  United  States  v.  Ward,  222  F.  Supp.  617,  620  (W.D.  La.  1963)  ;  United  States  v. 
Manning,  205  F.  Supp.  172,  173-174  (W.D.  La.  1962). 

^'  Ross  V.  Dyer,  312  F.  2d  191  (5th  Cir.  1 962 ) . 

258 


tection  to  a  Negro  who  had  been  ineligible  because  of  his  race  to  attend  an 
accredited  undergraduate  State  college  in  the  State,  and  instead  had  graduated 
from  one  of  the  two  State  colleges — both  unaccredited — which  Negroes  were  per- 
mitted to  attend.'^  Similarly,  a  State  alumni  sponsorship  requirement  at  a  State 
institution  having  no  Negro  alumni  was  held  to  be  an  unconstitutional  discrimina- 
tion against  Negroes.^*^  In  each  case  the  State  was  not  permitted  to  apply  an 
otherwise  innocuous  policy  because  it  would  have  perpetuated  unconstitutional 
discrimination. 

C.  The  Power  of  Congress  To  Require  Metropolitan  Solutions 
Where  Necessary  To  Secure  14th  Amendment  Rights 

In  metropolitan  areas,  correction  of  racial  isolation  in  the  public  schools  may  require 
realignment  of  school  districts  or  cooperative  arrangements  between  districts,  includ- 
ing districts  in  different  political  subdivisions  within  a  State.  This  is  obviously  the 
case  where  the  school-age  population  of  a  particular  district  or  city  is  majority  Negro. 
As  a  Federal  court  once  said  in  another  context,  "one  cannot  assimilate  alone."  ^ 

State-created  barriers  to  the  reorganization  of  school  districts  now  exist  in  many 
States.  In  some  States,  for  example,  changes  in  school  district  boundaries  involving 
merger  or  annexation  can  be  accomplished  only  by  popular  referenda,  or  by  the  State 
itself.  But  Congress  is  not  bound  to  respect  these  barriers.  School  district  lines, 
like  State  legislative  district  lines,"*^  congressional  district  lines,"'^  and  other  creations 
of  States  and  political  subdivisions,  must  yield  to  the  overriding  demands  of  the 
Federal  Constitution  and  Federal  laws  enacted  pursuant  thereto.^^ 

The  equal  protection  clause  speaks  to  the  State  itself."*^  As  Mr.  Justice  Brandeis 
once  stated:  "It  is  a  question  of  the  power  of  the  state  as  a  whole  .  .  .  the  powers 
of  the  several  state  officials  must  be  treated  as  if  merged  in  a  single  officer."  ^*  A  State 
cannot  avoid  its  obligation  under  the  equal  protection  clause  by  fr